#Aadhaar hearing. Post lunch sitting begins.
SD continues. Reads the objects of the Aadhaar Act. Reads Section 3 (1) of the Act where every resident is entitled. But no one is obligated to enrol for aadhaar.
SD: Section 7 is read. DYC J says Section 7 allows for alternative ID only during the period between application and assignment of number.
SD replies saying these two interpretations of Section 7 was noticed in the Binoy Viswam judgment but makes it clear that Aadhaar remained voluntary under the Act. Also says there is nothing in the Act or statement of objects that indiciate any intention to override the orders.
SD reads Section 57. Nothing in 57 also overrides the judgment.
SD now raises the money bill point. Reads out article 110.
CJI asks SD to not go into those arguments for the purpose of interim. SS agrees to move to the next point.
SD now reads the phone linking circular. And deals with the Lokniti order.
Shows how Lokniti order never made Aadhaar phone linking mandatory and how the DoT had manifestly misinterpreted it.
SD: Therefore this mandate for phone aadhaar linking is clearly without authority of law.
SD last point is on the upcoming deadlines. Says there is no clarity on extension for MFs Insurance etc although gazette notification apploes to them, there is no equivalent press note.
SD says finally that he wants to reiterate the earlier orders of 2015 and earlier. Summarises that even a statute cannot wish away the orders of the Court.
Gopal Subramanium starts his submissions.
GS promises to be brief. He says in this case paramountcy of the judicial process is in question.
GS says SC had made it abundantly clear that even for the six schemes it had to be voluntary.
GS says the numerous reiterations were required because even before the Act there was widespread violation.
(My battery is at 4%. Phone going to die anytime).
GS says the basis of the orders in exercise of art 32 jurisdiction is the FRs of Indian citizens. It cannot be removed by any statute! (Ah. What a point!)
My phone died at this point ... This tweet is just a thread closer. Please refer to @gautambhatia88 and @SFLCin for what happened after this.
