Judiciary restores the balance in Aadhaar, curtails legislative outreach

The judiciary has been able to restore balance to Aaadhar scheme. It was a project which came to life during UPA. It became an act when Narendra Modi came to power. It was cleared as a money bill in Lok Sabha. It could have been a collective victory but because of political bitterness the matter became sub-judice and the Supreme Court had the last say. Today, everyone is claiming victory in the political circle. BJP is relieved because Aadhar survived judicial scrutiny.

The Opposition is happy because many contentious portions were struck down by the Supreme Court of India.

It was a majority judgement which not only reconciled the Right to Privacy but also kept the legislative mandate untouched by judicial overreach.

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The judgement makes life easier for the parents, scholars, teachers and common citizens. Not everything personal will have to be shared with the state.

The judiciary ensured that the data telecom companies harvested also be destroyed. The verdict also ensured that such demands also do not crop up in future.

The only issue is that what happens to the data which has already been harvested by the corporates. It also ensures that the state cannot immediately access UIDAI on security grounds on a whim. Now they will have to take permission from the court. The data will need to be destroyed after authentication. The Supreme Court judgement takes away rough edges of the bill.

Today, citizens easily share personal data on various sites like Facebook. The shared data includes a range of things. From credit card numbers to personal data like videos and pictures.

All get milked by the corporates later. Many argue that it is voluntary and not forced upon.

The argument is that Aadhaar is mandatory. But today India needs a system like Aadhaar. It has its benefits too. It kills multiple identities which is a big bane for the Indian state.

The purpose of the scheme is noble - to ensure that state subsidy does not get pilfered away.

It was considered to be a “Ram Baan” against corruption and terrorism. But on the way, it became an all-inclusive scheme which demanded all walks of life be covered under one banner.

It was for this reason that objections arose. Today, the SC has also taken banks out of Aadhaar’s ambit apart from schools, UGCs and NEET.

The judiciary, this time, has prevented legislative outreach.

The mandate of elections should not be misused to push scheme where national consensus does not exist.

The decision on Brexit was taken after a referendum. The politicians did not force down there view on the public which could have done in the UK.

In India, it is not possible to have a referendum on vexed issues. The politicians must try to build consensus even if it eludes them. Despite the passage of the bill in Lok Sabha, ultimately, its legitimacy today is flowing from the court. It is not healthy in long run.

The push for a strong and good governance must have public participation. Despite the fact that demonetisation caused great pain, public supported Prime Minister Narendra Modi. The public believed in him. It is for this reason that the law and order problem did not occur. Aadhaar is a reality and government should not tinker with the consensus which has been brought through the court’s verdict.

(Disclaimer: The opinions expressed above are the personal views of the author and do not reflect the views of ZMCL)