In an earlier post, this blog had highlighted how the absence of statutory mandate for the Unique Identity Authority of India (UIDAI) makes the introduction of Aadhar and Direct Cash Transfer linked with it constitutionally suspect.
It is significant therefore that the Supreme Court has admitted a Public Interest Litigation (PIL) against the implementation of Aadhar scheme and issued notice to the Union Government.
The Hindu reports that the petition filed by Retired Justice K. Puttaswamy, Former Judge, Karnataka High Court, alleges that the Union Government's decision to implement the Aadhar scheme while the Unique Identification Authority of India Bill is pending before the Parliament, is an attempt at circumventing parliamentary discussion and therefore mala fide.
The petition further alleges that the project impinges on the right to privacy given its collection of biometric information and that such invasion of privacy can be authorised only through a law of the Parliament.
Interestingly, the petition also claims an infringement of the Right to Equality under Article 14 on the ground that the Aadhar scheme is likely to extend to non-citizens, thus legitimising them and endangering national security. It appears from the aforementioned report by J. Venkatesan that the exorbitant cost has also been referred to as a ground for the Article 14 challenge.
In another noteworthy development on the introduction of cash transfer, the Bharatiya Janata Party (BJP) has, as the Hindustan Times reports, filed a complaint with the Election Commission claiming that the introduction of direct cash transfer is a corrupt poll practice in view of the impending Gujarat Assembly elections.
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