Apr 15, 2018
On day 28 of the final Aadhaar hearing, Additional Solicitor General, Tushar Mehta resumed his submission on the defence of Prevention of Money Laundering Act (PMLA) and the Prevention of Money Laundering (Maintenance of Records) Rules. He contended that the new rule that mandates furnishing of Aadhaar number to open a bank account is not ultra vires the Aadhaar Act.
Mar 22, 2018
On day 20 of the final Aadhaar hearing, Attorney General K.K Venugopal began his arguments on behalf of the respondents. He stated that various expert committees examined Aadhaar, and considered other alternatives like smart cards, before the current framework was decided upon. Mr.
Mar 21, 2018
Day 19 of the final hearing began with Senior Advocate Meenakshi Arora submitting her written submissions to the court. Explaining the chilling effect on fundamental rights that is caused by a general and indiscriminate retention of personal data, she cited the decision in ECHR Szabo case which held data retention for long periods to be violative of right to privacy.
Mar 18, 2018
During final hearings in the matter of K.S. Puttaswamy v. Union of India [W.P. (C) No. 494/2012], where a batch of 29 petitions have challenged the overall validity of the Aadhaar scheme, the Supreme Court of India issued an interim order dated 13/3/2018 extending several Aadhaar linking deadlines until final disposal of the petitions.
Mar 16, 2018
On Day 18 of the final Aadhaar hearing, Senior Counsel K.V Vishwanathan, continued his arguments from the previous day, stating that the Government has failed to show how Aadhaar has resulted in savings. Mr. Vishwanathan discredited the studies relied upon by the Government to show the savings, some of which were carried out even before the Aadhaar ecosystem was in place.
Mar 16, 2018
A five-judge Constitution Bench of Supreme Court, on Tuesday, 13th March 2018 passed an interim order (available here) in the matter of K.S. Puttaswamy v. Union of India [W.P.(C) No.
Mar 14, 2018
Day 17 of the final hearing began with Senior Advocate K.V. Viswanathan continuing his submissions on the illegality of the validation Section 59 provides to the pre-legislation actions. He read the Delhi Cloth Mills case which held how a law can deem facts but cannot deem legal consequences.
Mar 14, 2018
On day 16 of the final Aadhaar hearing, Senior Advocate P. Chidambaram continued his arguments from the previous day, stating that the Lok Sabha speaker’s decision is not final, and is subject to judicial review. He read out relevant excerpts from the decision in Sub-committee on Judicial Accountability vs.
Mar 08, 2018
The arguments for day 15 of the final hearing began with Senior Advocate Arvind Datar pointing out the nature of consent in the PML Act. He stated that the Act mandated the production of consent, failing which the bank accounts would be rendered inoperable, effectively negating any consent involved.