The Aadhaar Judgement

Vivek Kumar Srivastava

Supreme Court of India has once again come to rescue the citizens of India by declaring that right to privacy is a fundamental right. This is a big jolt to a government which was turning itself to a surveillance state by intruding every aspect of the life of the individual. This decision was made unanimously reflecting the absolute legal voice on the issue.

The decision was given by a big Bench of nine judges who ruled that right to privacy is an intrinsic part of Right to Life and Personal Liberty under Article 21 and entire Part III of the Constitution.

The part III is related to the fundamental rights which have been given to people to live their life as they wish for and develop their personality in full manner. The decision is linked to the government's effort to make Aadhaar mandatory for the social welfare policies : government also amended Income Tax Act to make Aadhaar mandatory for the IT which SC accepted as valid but government was attempting to extend Aadhaar based surveillance almost in all aspects of the individual's life. The decision may develop to halt this process though SC has to deliver decision on Aadhaar later but is now established that Indian government cannot be a surveillance slate as the privacy of the individual cannot be explore and penetrated in absolute manner extending in all aspects of private domain of the person.

The decision has thus overruled the M P Sharma verdict of 1950 (six judges judgment) and that of Kharak Singh of 1960 (eight judges) judgments of the same court that right to privacy is not protected under the Constitution.

The decision has been based on article 21 of the fundamental rights. The article is the most interpreted article of the Constitution as SC has interpreted it in different dimensions of human life. The article states that "No person shall be deprived of his life or personal liberty except according to procedure by law". In the same article by 86th Constitution Amendment, 2002 the 21A was added stating that under 21A the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law determine

The Supreme Court has taken a wider view of the right to personal liberty that it cannot be controlled by the administrative fiats and the legislations. Aadhaar issue win be heavily impacted after the decision and its decision will be dealt during the coming time but the recent decision has illuminated the hopes that SC will also limit the government powers with respect to Aadhaar. It was felt by the citizen; that compulsion of Aadhaar was unnecessarily placing them under stress. From banks to entrance examinations Aadhaar was becoming a compulsory identity. In several places the old persons were faced with the problem of not getting their pensions as they were not in a position to attach the Aadhaar cards. The practical problem was that they were so old that their fingerprints did riot appear or were not in position to Aadhaar camp where these cards were being prepared due to old age or no one support them to take them to the camps. Several old women have complained about this sorry state of affairs.

Government did not tike a flexible view and attempted to monitor every action of the individual. The fear was that Aadhaar compulsion might put the person always under stress. That day was not far away when government could ask the person attach Aadhaar whenever anyone you purchased a newspaper or visited a restaurant for a dinner or stayed in a hospital or was hanging out in a park.

In the societies where governments are fearful of the force of the citizens such steps are contemplated. Supreme Court by its decision has placed the limits on any malafide intention and has empowered the citizens of the country.

Supreme Court is really a custodian of humane values and lives of the Indian citizens. Constitution is paramount and so the We the People of India. Supreme Court has upheld it and no power can dilute it because it is now a well established fact.

[Source : CounterCurrents.org]

Frontier
Vol. 50, No.9, Sep 3 - 9, 2017