Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018 (ix) Section 9 (x) Sections 11 to 23 (xi) Sections 23 and 54 (xii) Section 23(2)(g) read with Chapter VI & VII Regulations 27 to 32 (xiii) Section 29 (xiv) Section 33 (xv) Section 47 (xvi) Section 48 (xvii) Section 57 (xviii) Section 59 (5) Whether the Aadhaar Act defies the concept of Limited Government, Good Governance and Constitutional Trust? (6) Whether the Aadhaar Act could be passed as Money Bill within the meaning of Article 110 of the Constitution? (7) Whether Section 139AA of the Income Tax Act, 1961 is violative of right to privacy and is, therefore, unconstitutional? (8) Whether Rule 9(a)(17) of the Prevention of Money Laundering (Maintenance of Records) Rules, 2005 and the notifications issued thereunder, which mandate linking of Aadhaar with bank accounts, are unconstitutional? (9) Whether Circular dated March 23, 2017 issued by the Department of Telecommunications mandating linking of mobile number with Aadhaar is illegal and unconstitutional? (10) Whether certain actions of the respondents are in contravention of the interim orders passed by the Court, if so, the effect thereof? 128) We now proceed to discuss the arguments on these grounds, as advanced by the petitioners, reply thereto and our conclusions thereupon. Surveillance: Whether the Aadhaar Project creates or has tendency to create surveillance state and is, thus, unconstitutional on this ground? Education took us from thumb impression to signature Technology has taken us from signature to thumb impression, again 129) It may be remarked at the outset that the argument of surveillance draws sustenance, to a larger extent, from privacy rights as well. Therefore, the arguments which were addressed under this caption have traces of privacy also. However, these are discussed in the context of surveillance state argument. 130) It was submitted that Aadhaar project creates the architecture of a cradle to grave surveillance state and society. This means that it enables the State to profile citizens, track their movements, assess their habits and silently influence their behaviour throughout their lives. Over time, the Indian Kanoon - http://indiankanoon.org/doc/127517806/ 113

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