Index Labels


. . No comments:

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.


No comments:

Post a Comment

In Support of Greenpeace - Press Conference

In Support of Greenpeace - Press Conference
Repeal FCRA



Indian Social Action Forum

INSAF is a national forum of over 700 movements and NGOs in India. Committed to RESIST globalisation COMBAT communalism & DEFEND democracy and strives to join efforts in creating an economically equitable, socially just and ecologically sustainable democratic society. (Account details for FCRA compliance in 'ABOUT US' link above or at

Recent Posts