Thread by @SFLCin

Day 24 of final #Aadhaar hearing will begin shortly. CEO of UIDAI will answer the questions put forth by the petitioners. Attorney General will resume his submissions.

AG reads out the list of questions asked by the petitioners.what are the statistics of authentication failures ask the petitioners. AG says they cannot give a number because they don't track this kind of information.

AG is reading out the answers provided by UIDAI.

Next question is on biometrics exception. AG says there are other methods of authentication available like through mobile no.
AG explains that the QR code on Aadhaar card can also be scanned to get a person's details. therefore biometrics authentication is not the only way

AG says that requesting entities have to provide exception handling measures. This is given in the Act itself

J. Chandrachud and J.Sikri says that they don't know if the measures are being implemented on ground. Government will have to answer that at some point since UIDAI is only responsible for the architecture of Aadhaar. They cannot guarantee that there has been no denial of service.

AG says that there is no opt out option for Aadhaar, even for children.

AG says that Aadhaar was adopted to ensure that there are no fake identities. Says Aadhaar has strong de duplication detection system.

AG says that 6.7 crores rejections have happened till now due to de duplication.

AG says that Aadhar is an evolving technology. And all other alternatives were considered for a period of ten years. He says the act can always be amended and rectified. AG reiterated that the Aadhaar project is one of a kind and has been praised all over the world

AG says that Aadhaar is a policy decision taken at the highest level of the Government, therefore courts should not interfere to determine its validity.

AG now quotes the right to privacy judgment and lays down the three conditions under which privacy can be invaded.
1. There should be a legislation.
2. Legitimate state aim.
3. Proportionality.
AG says Aadhaar satisfies all three.

AG says Aadhaar invades privacy as little as possible. We couldn't have formulated a law so that there could be a lesser invasion of privacy he says. This is the least encroachment of privacy.

AG is reading excerpts from the Puttaswamy judgment.

Bench rises for lunch.

AG resumes his arguments post lunch. He is still reading excerpts from the K.S Puttaswamy judgment. He's reading out the paras on data protection and the constitution of a data protection expert committee.

AG says that the SriKrishna committee will submit it's report by May 15. He emphasizes on the part of the Puttaswamy judgment that says that right to privacy is not absolute.

AG says that the state can always enforce reasonable restrictions to protect legitimate state interests.

AG gives the example of right to information as a reasonable exception to privacy in the context of larger public interest.

AG says that privacy is nowhere described except in the dictionary. The court has to look at each individual case.

AG is reading out the exceptions to privacy such as national security, investigation of criminal offences.

AG is applying the Puttaswamy judgment to aadhaar. He says that the judges have agreed that privacy is not absolute. J. Chandrachud laid down the three conditions to be applied for invasion of privacy. Says Aadhaar fulfills all three conditions.

AG reiterates that the invasion of privacy is minimal in Aadhaar, therefore it passes the just, fair and reasonable test.

Curbing black money, providing subsidies, benefits and services are legitimate state interests of the State, says AG

AG makes the argument that right to live a life of dignity trumps right to privacy. Says that Aadhaar in it's initially stages was voluntary, therefore no one was coerced to enrol.

AG says that before the Puttaswamy judgement, there was no way for the government or the people to know there was a right to privacy.

Bench has risen for the day. Next hearing will be tomorrow.