Resuming tweeting. Thread. GS points to NERPAP programme of Election Commission. Where P stands for "Purification" of electoral rolls. He says he takes a deep breath.
DYC J smiles amazedly.
DYC J smiles amazedly.
DYC J asks about an interpretation of Section 7.
GS talks about how the sections matter little with the project. The surreptitious way in which Union did telephone linking ... purportedly under an SC order dismissing a PIL...without pointing out existing interim orders.
GS talks about how the sections matter little with the project. The surreptitious way in which Union did telephone linking ... purportedly under an SC order dismissing a PIL...without pointing out existing interim orders.
Refers again to "purification" and reads excerpts from @EdwinBlackBook Edwin Black's IBM and the Holocaust.
Refers back to SRDH, Khosla Labs affidavit etc and private entities profiteering out of Profiling based on Aadhaar data.
Rakesh Dwivedi, sr adv appearing for State of Gujarat says SRDH data has now been destroyed! It was a UPA era project. And has been destroyed.
Rakesh Dwivedi, sr adv appearing for State of Gujarat says SRDH data has now been destroyed! It was a UPA era project. And has been destroyed.
GS reads the Digital Lenders Association and Khosla Labs affidavit. Recall that their intervention application wants aadhaar project because aadhaar getting struck down will affect their business interests.
I am trying to give a link to the application. Twitter keeps saying failed to send the tweet.
Khanwilkar J and DYC J ask GS to show from petitioners and Govt pleadings.
GS puts in the point of convergence. DYC J says he understands the convergence point and data being used by pvt players for purposes other than governmental interests. DYC J looks enlightened now. However he says this is a factual point and he wants to see if there are...
...cogent pleadings. GS says he will show them from the petitions. (I think and I know: If it comes to merely petition pleadings, we have got it covered!)
DYC J takes up the example of employment background verification being enabled by this platform and the problems with it.
Discussion between CJI Sikri Khanwilkar and Chandrachud JJ.
Still discussing...
Discussion between GS and CJI on the origin of the phrase Yato Dharmas Tata Jayah. GS says there are a number of places that this saying comes.
GS recalls how this was referred to how justice is the essence of all virtue and a purely technical decision on a complex question of identity ...without human application of mind and without recourse to justice is grotesquely unjust.
GS wants to take through the Act.
The definition of Biological attributes receives from discussion.
DYC J asks if it is open ended and could include even DNA.
GS says there is a Bill in the offing to bank DNA as well.
DYC J drops his head in what I see as dismay.
The definition of Biological attributes receives from discussion.
DYC J asks if it is open ended and could include even DNA.
GS says there is a Bill in the offing to bank DNA as well.
DYC J drops his head in what I see as dismay.
Section 3 is being read out. GS observes that 3 (2) was never complied with atleast till the Act came into force.
Snidely comments that there is a grievance redress under the Act which is a call centre with the number as 1947...(like showing a ..l.. to freedom)
Snidely comments that there is a grievance redress under the Act which is a call centre with the number as 1947...(like showing a ..l.. to freedom)
GS refers to 31 (2) and corresponding to the Regulation and how a burden is placed on the individual to know if his biometric has changed!
Also points out how even an updation requires biometric auth. If biometric has changed, what does one do??
Also points out how even an updation requires biometric auth. If biometric has changed, what does one do??
Sikri J agrees. Says when auth fails there is a presumption that you are not the person who you are claiming to be. GS says that is the crux of the problem. A presumption unreasonably derived.
Anything I say within in brackets is my thinking. Other portions of the tweets of this thread are reportage with minimal paraphrasing.
GS then moves to Section 5 and how it contemplates aadhaar for children despite India being party to CRC.
Datar relates to how even LKG admission requires aadhaar. DYC J agrees. Talks about the narration from the Supreme Court driver of his ordeal. Datar says ...
Datar relates to how even LKG admission requires aadhaar. DYC J agrees. Talks about the narration from the Supreme Court driver of his ordeal. Datar says ...
...it is also required for Tirupati Darshan. Sikri J and DYC J have a wry smile.
Court rises for lunch. To resume at 2.30 pm.
Court rises for lunch. To resume at 2.30 pm.
Pls follow @SFLCin for the second session.
