Aadhaar Judgement by Supreme Court of India

from the looks of it, people with aadhaar are more or less screwed.
government would extend the deadline tomorrow but it is very likely they would extend it only for non-aadhaar holders.
court would have to give an independent order about mobile linkage which has a deadline of feb 6 as government cannot change it on their own (even though original order did not specifically said link with aadhaar).
not sure if courts would entertain demand for extension of deadline for aadhaar holders as well.
 
Wait till next week before you decide on linking Aadhaar
It has been 849 days since the Indian Supreme Court decided to set up a Constitution Bench to examine if Aadhaar project violates Indian Constitution. Every day that the court delays in deciding on this matter, there are more instances of people suffering because Aadhaar has been made ‘mandatorily voluntary’. Since the matter didn’t get listed in the Supreme Court on its own, there was a mentioning by the lawyers today in morning in the court of the Chief Justice of India.

At this mentioning, the Attorney General of India, Mr. K. K. Venugopal, said in the court that the Government of India will publish a notification tomorrow extending the 31st December 2017 deadline to link Section 7 notifications (PDS, NREGA, disability assistance, MDM and over 100 others) to 31st March, 2018 EXCEPT in the case of mobile-Aadhaar linkage. The Attorney General added that in the case of mobile-Aadhaar linking the deadline will continue to be 6th February 2018 since it will require a judicial order to extend to 31st March 2018 because the Supreme Court had, in the Lokniti Foundation case, ordered Aadhaar verification of all mobiles by 6th February 2018. (Note: There is also an opinion that the mandatory Aadhaar verification of mobile numbers is a misreading of the court's opinion in the Lokniti Foundation case.)

It is understood that this notification would extend the deadline only for those without Aadhaar and that those with Aadhaar will have still have to link to bank accounts and other services by 31st December 2017, similar to the PAN judgement earlier this year where in those with Aadhaar had to mention their Aadhaar number when filing their Income Tax returns but those without Aadhaar needn’t do so. In the present case, this will be confirmed only if and when such a notification is published by the Government of India as indicated by the Attorney General.

Mr. Shyam Divan, advocating for the petitioners in the Aadhaar case, insisted that the deadline should be extended for both those with and without Aadhaar and that the government should assure citizens that no coercive action will be taken against Aadhaar holders. To this the Attorney General replied that if this is the case then nobody will produce the Aadhaar number and was prepared to argue on this point. The Chief Justice of India gave his assurance that a Constitution Bench will decide on the matter of providing interim relief next week till such time that this matter is decided by the Supreme Court.

IMPLICATIONS OF TODAY’S DEVELOPMENTS FOR CITIZENS CONCERNED ABOUT AADHAAR

For those without Aadhaar: Be on the lookout for the notification mentioned by the Attorney General at the court. If this notification comes out, it is likely that you can wait at least till 31st March 2018 before linking.

For those with Aadhaar: Again, be on the lookout for the notification mentioned by the Attorney General at the court. If this notification doesn’t exempt those with Aadhaar from the 31st December 2017 linking deadline, then wait till the Constitution Bench hearing next week to see if interim relief is offered by the Supreme Court.

As a disclaimer we at Rethink Aadhaar urge you to personally assess risk and make an independent decision. Our updates are not legal advice and are aimed to creating public awareness.
 


To this the Attorney General replied that if this is the case then nobody will produce the Aadhaar number and was prepared to argue on this point.

this is where the people fucked themselves. they rushed to banks and mobile operators to link their aadhaar. if everyone waited till the very last week, the system would have collapsed and the government would have to give up. but nope. fear. government used fear and now it claims that people did it willingly happily.
 
^ I mean can you blame the people? any errors on pension account means no money for that month. its literally life and death for many people
 
the percentage of people who connected aadhaar to x service because service was denied is going to be very miniscule.
my dad applied for aadhaar when sbi denied life certificate last year. but he did file a complaint with sbi and got a positive response.
sure most people cannot afford to wait for a few days to get resolution from the higher ups. but majority of connections are being made willingly. people doing it out of choice. without realizing the choice they have. or the risk that comes with the connectivity.
sadly, all this protest is going to end up with little resolution. people with aadhaar would have to link before december in any case. and people without aadhaar are going to suffer from coercion because it is just not feasible for everyone to take a legal route to tackle illegal blocking of services.
i got out of icici bank at a good time. yes bank has not denied me any service. few messages here and there. i visited icici with dad earlier today and it almost felt like you could not get anything done without aadhaar with them.

sc gets most of the blame. passing confusing orders. not taking immediate action against government for misinterpreting their orders intentionally. delaying the hearing for years now. allowing government to get away with linkage (with pan) in some cases. not even providing relief when it is clear that they cannot hear the aadhaar case before the deadlines arrive. the whole affair makes you believe that you are not only fighting the government but also the courts. government has the upper hand everywhere. even the privacy committee has members who are all pro-aadhaar. some are even in uidai management even though they should have zero say in official government policies. but that's how it is.
 
I don't know tbh. Every one near me linked out of fear (due to strict harsh communication from banks/telecos/school managements etc)
students were sent home saying they won't be allowed inside without adhaar. You can't take new school admissions without adhaar. no adhaar no hospital services. fucked up

looks like few good souls who are against adhaar are fighting both government AND SC.

And just to refresh, USA had proposal to link biometrics to social security numbers (SSN) this year but backed off becasue of privacy concerns. so fucked up. and people here likened adhaar to SSN
 
It isn't just fear I think. Yes, many ran to get it linked after they received threatening SMSes and calls but they also did because of the lack of the awareness or understanding how this could possibly affect their life and their privacy.

@dextermorgan True. People don't really understand the reaches of aadhar and the data it could gather.
It is very difficult to explain people the value of their data, privacy and right to fight to keep it private. Everytime I try to tell people how terrible everything could fall apart they just say this is all theories and assumptions. They fail to understand the gravity of how terrible this could be in the wrong hands.
And the worst part is there is no one to help if that thing happens, govt. isn't going to support or help out something whos data is leaked because of lapse in their security as there is no law that holds govt. responsible for such things.

And as @Sushubh said it isn't really feasible for everyone to fight against all this because time,money and resources are all wasted on this and not everyone can afford all that in such a volatile economy. So people simply give and ultimately we who haven't linked will have to eventually do that else might be labelled criminals acting against the law.

We (Indians) fear legal authority for some reason. Even if we haven't done anything wrong, the lack of awareness of our own rights puts us in a position where we are unable to do things calmly and logically. Thinking we are powerless against them and what they say or ask us to do is to be done without questioning them.
 
Supreme Court has only 7 working days left for this year. [1]
4jtcoWT.jpg


[1] Supreme Court of India - Calendar 2017 - Source
 

Top