GS: The state seeks to take away our data without the backing of a strong data protection framework.
The burden is on the people to authenticate and establish their identity.
J. Chandrachud: Is "subsidy" a benefit or a right has to be decided.
There is no regime of protection. There is no vertical protection.
Can't make citizens subservient under section 7 and call rights, benefits.
There was no law when Aadhaar was implemented and there's no proportionality.
1. Individual is an end in himself.
2. Individual has certain inalienable rights guaranteed by the Constitution.
3. Individual shall not be required to relinquish any of his constitutional rights....
4. The state shall not delegate powers to private persons to govern others.
Bench rises for lunch.
This is colorable exercise of power. Black money and money laundering is being used as a ruse to collect people's biometrics.
Anything outside Section 7 is completely violative of the Puttaswamy judgement.
S.139AA of the income tax act is inconsistent with the Aadhaar Act.
(g) of 110 (1) must be read very restrictively. The provision has to be incidental to (a) to (f) to come under (g).
Clause (g) is not a substantive provision.
One half of the parliament is virtually disabled from making any amendments.
It denudes the highest constitutional authority of the country, the President of India.
The court cannot save a legislation that is fundamentally unconstitutional.
To rely on the exception handling mechanism is ultra vires the Act.
The underpinning of the Aadhaar Act is authentication of individuals.
He has to make only one submission on excessive delegation.