Thread by @prasanna_s

#Aadhaar hearing. Second half of Day 35. Thread. @ZohebHossain continues his arguments for UIDAI and the state of Maharashtra.

Cites various other statutory provisions including CrPC and IT Act that provide for reasonable search and seizure and how they have been challenged earlier and have passed constitutional muster.

Next argument on Section 33(2) and the point petitioners made about the phrase 'national security' being undefined and vague.

Reading a House of Lords English decision that read in a national security exception to natural justice even when the Statute did not provide for that exception.

Next refers to challenge to Section 47 of the Act on the ground that the aggrieved imdividual party is not heard but that only UIDAI can be heard or can complain.

Justifies that its an inherently technical matter. And that there are several such laws where only authority...

...can register a complaint. Similar provision under the Industrial Disputes Act has been upheld. 2014 9 SCC 772 for example.

Here individual has remedy..to call up the grievance redressal mechanism (1947).

ZH: UIDAI may also authorise that very person who is affected to register a complaint. No bar in Section 47.

ZH: 66C, 66D and 72A of IT Act enough safeguard with respect to actors outside CIDR. Aadhaar Act has safeguards for CIDR.

ZH: Theme of substantive equality runs through every measure including 139AA, PMLA Rules etc. Socio economic justice and furthering equality and dignity.

Word distribute in DPSP 39 (b) has received liberal interpretation. Revenue leakage control is in furtherance of such a measure for redistributive justice.

Next argument that ZH repels is the compelled speech element. Presents judgments to show how not all transactions have a speech element and aadhaar PAN linking have no speech element.

ZH: 139AA and conflict with aadhaar act..that issue has attained finality in Binoy Viswam.

ZH: also repels the contention that all scams have been done at the top whereas 139AA is no cure. Argues not all vices have to be cured with one measure.

ZH: Argument how 139AA helps uncovering the the people behind companies as well. Deduplicating DINs.

ZH: 33000 crore hitherto undisclosed income has been caught because of Aadhaar PAN linking because it was found people who were giving Form 16(claiming to not own PAN) and aadhaar were all found to have PAN.

ZH then answers the argument of conflict between Aadhaar Act and RTI Act and says beneficiaries list need not include aadhaar number.

ZH concludes.

A-G comes back for his second innings. Wants to cover Money Bill and Lokniti arguments.

A-G reads that the Act is in pith and substance a Money Bill.

Any law will have ancilliary provisions such as appeal, revision, etc.

As long as each provision is directed at making the law complete, such a provision will not fall outside article 110.

A-G reads out Section 7.

A-G: Not a single provision in the Act is unrelated to Section 7 i.e. targeted delivery of benefits etc flowing out of the consolidated fund.

DYC J: One area of concern is Section 57.

A-G: For all these years, there was a lot of leakage and revenue loss. There has to be some method to prevent it. Therefore we have to bring into existence the UIDAI.

Section 57 merely allows the existing infrastructure to be used for other purposes as long as they are also legitimate. So it is just an ancilliary provision along with the creation of the authority.

DYC J persists. How does body corporate or person be tenable under a Money Bill?

A-G: contract may also have a fundamental relationship with consolidated fund. Your Lordships can rule on this matter only if a contract is before you. Cannot be a general challenge to Section 57.

DYC J is not so sure.

Article 112 and 118 is read by A-G and Article 122.

A-G: 110 (1)(g) saves Section 57.

CJI and DYC J : Word "only" if it contains.

A-G gives a spin on the word "only" to say provisions dealing with a to g can only be a money bill.

DYC J smilingly says that would be rewriting the Constitution. Laughter all round.

Bench rises for the day.

A-G will conclude tomorrow afternoon.