The 9-Judge Constitution Bench of
Supreme Court has reiterated that right to privacy is a fundamental right under
the Indian Constitution while delivering the verdict in the UID/Aadhaar number
case. The bench comprised of the Chief Justice of India, Justices J
Chelameswar, SA Bobde, RK Agarwal, Rohinton Fali Nariman, Abhay Manohar Sapre,
DY Chandrachud, Sanjay Kishan Kaul and Abdul Nazeer. Indian Social Action
Forum (INSAF) welcomes the unanimous judgment of the Court. This verdict has
exposed the position of the central government, state governments and other
agencies. It vindicates the position of social activists and researchers and
peoples’ movements.
The
unequivocal decision reads: “The right to privacy is protected as an intrinsic
part of the right to life and personal liberty under Article 21 and as a part
of the freedoms guaranteed by Part III of the Constitution” of India. It
further said that “Decisions (of the Court) subsequent to Kharak Singh have
enunciated the position” and “lay down the correct position in law.”-something
missing in sentence there In Kharak Singh v. State of U.P. & Others, AIR
1963 SC 1295, the decision was rendered by six judges. It categorically stated
that “The decision in Kharak Singh to the extent that it holds that the right
to privacy is not protected by the Constitution stands over-ruled.” The order
further reads, “The decision in M P Sharma which holds that the right to
privacy is not protected by the Constitution stands over-ruled”. The decision
in MP Sharma v. Satish Chandra, 1954 SCR 1077) was rendered by eight
judges.
As far as the current
status of the UID/Aadhaar is concerned, the constitutional status is that “no
person shall be deprived of any service for want of Aadhaar number in case
he/she is otherwise eligible/entitled.” All the authorities have been “directed
to modify their forms/circulars/likes so as to not compulsorily require the
Aadhaar number.” All the earlier orders passed by the Court is required to be
followed “strictly”. It is quite evident from the repeated orders issued by
Court till June 27, 2017 that UID/ Aadhaar remains voluntary. Even under the
Aadhaar Act, UID/Aadhaar it is not mandatory. This position with regard to Aadhaar
(Targeted Delivery of Financial and Other Subsidies, Benefits and Services)
Act, 2016 has already been reiterated amidst serious concern about the
collection of biometric data by private and foreign agencies. This verdict
makes it clear that Aadhaar Act is an unjust law. Another bench will decide the
constitutionality of the UID/Aadhaar.
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