'Aadhaar as money bill is a fraud on the Constitution'

Justice D Y Chandrachud came down heavily on the Centre for the 'violative nature of the Aadhaar project', including right to privacy

Even as the Supreme Court upheld the Aadhaar Act and scheme by a 4:1 majority, Justice DY Chandrachud has dissented, striking down the same. Justice Chandrachud dissented not only with respect to the passage of the Aadhaar Act as a Money Bill, but also held that the Aadhaar project is violative of fundamental rights, including the Right to Privacy and the Right to Equality.

He had some strong words for the Executive for the passage of the Aadhaar Act as a Money Bill, terming it a "fraud on the Constitution" and a subterfuge. He also came down on the Central government for issuing various notifications in violation of the Supreme Court's interim orders stating that propriety demanded that the Centre should have approached the Supreme Court for variation of its orders before resorting to such steps.

Justice Chandrachud also said collection of data may lead to individual profiling of citizens. He said the Aadhaar programme violated informational privacy, self-determination and data protection. It has been admitted by UIDAI that it stores vital data which is violative of right to privacy, he added.

The powerful dissent by Justice Chandrachud assumes great significance in view of the fact that the issue has not yet died down and that he will be the Chief Justice in the year 2022.

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