Congress member and senior advocate Kapil Sibal told the Supreme Court on 13th February, 2018 (Tuesday) that consequences of Aadhaar verdict would be far more critical than the Court's 1976 decision upholding suspension of Fundamental Rights during Emergency. Appearing for Bengal government before a five-judge Constitutional Bench, Sibal said Supreme Court verdict in the ADM Jabalpur Case damaged the supremacy of Constitution in a limited manner as decision upholding suspension of Fundamental Rights was temporary and ended after Emergency. "Aadhaar, on the other hand, is the most important case dealt by the Supreme Court in the last seventy years. What it decides in these petitions will determine the future of nation. Adverse consequences of Aadhaar on citizens' Fundamental Rights is unlimited. It will be applied not only to the present generation but to our grand-children and beyond. That is the enormity. The SC's decision will decide the future of India and charter the country's future course...whether or not Fundamental Rights enjoy inviolable status", he said.
The 1976 ADM Jabalpur judgment was declared wrong by a nine-judge Constitutional Bench in 2017 for the first time, and interestingly, the thumbs down was authored by Justice D.Y. Chandrachud, whose father was one of the four who had upheld the Indira Gandhi government's power to suspend Fundamental Rights. Sibal said Aadhaar with biometrics was a sure invitation for disaster in a digital world, where corporate entities thrive on compiling meta-data on people to boost business. "In the present business scenario, one who has access to meta-data on people's choices and behaviour becomes successful. With biometrics of more than a billion citizens in a central database, it is an invitation to hackers to steal data and make a seriouss violation of Right to Privacy.
He suggested an alternative to Aadhaar. He said a provision in the Citizenship Act provided the Centre could maintain a national register for citizens and issue a national identity card. "Why is that not being implemented? We are not against national ID cards but we are opposed to Aadhaar because it carries biometrics and demographic details that will open up every person's private life", he said, adding if Aadhaar had been like a smart card, one with personal details but without central storage of the data, no one would have a problem.
-Challapalli Srinivas Chakravarthy- 15/02/2018 (Thursday).
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