Aadhaar Project Is Unconstitutional And Supreme Court Must Scrap Aadhaar: Perry4Law Organisation (P4LO)

SCAadhaar hearing in Supreme Court is at the final stage and this is a decisive stage. We need to collect and process as much techno legal information, articles, resources, etc as possible. We at Perry4Law Organisation (P4LO) have been pursuing Aadhaar related matters since 2010. Our readers are well aware of all our initiatives and efforts. However, some have requested us to consolidate various articles written by P4LO and its partners at a single place so that Supreme Court can take note of the same.

While it is next to impossible to consolidate all our articles and efforts at a single place, we are hereby giving links of some of the article and resources that Supreme Court can consider during the Aadhaar hearing. To begin with, Aadhaar is absolutely optional and no person can be denied any benefit or service in the absence of Aadhaar.

Now Supreme Court has already heard issues of Aadhaar-Pan linking, mobile number re-verification, etc. P4LO has also given its techno legal interpretation on these decisions and our view about the same. Supreme Court can consider these articles while deciding fresh challenges to mandatory linking of Aadhaar with bank accounts, mobile numbers, etc.

We have also analysed the Constitutional position of Aadhaar that Supreme is about to decide. Supreme Court and our readers can see the following articles in this regard:

(1) Aadhaar has created serious “Constitutional Anomaly”. It violates Fundamental Rights, Rule of Law, Etc and not just Privacy Rights,

(2) Aadhaar cannot be declared as Fait Accompli by Supreme Court due to truth, Fundamental Rights and Indian Constitution.

See @faitaccompli for more details.

(3) Surveillance and Censorship under Digital India and Aadhaar regimes,

(4) Supreme Court of India must immediately declare Aadhaar project as Unconstitutional,

(5) Unconstitutional and Illegal Biometrics collection laws and practices in India (2012),

(6) When Rights Are Outlawed, Only Outlaws Will Have Rights (2010),

(7) When Rights Are Outlawed, Only Outlaws Will Have Rights: Updated (2013),

(8) Hacking of Aadhaar is Hacking of Life of a Person and not just his Identity, etc.

We would add more articles to this list for the larger benefit of all concerned.

Interested stakeholders may please see the following articles also in this regard:

(1) Supreme Court Stays Mandatory Linking of Aadhaar with PAN Till Constitution Bench Decides Constitutionality of Aadhaar,

(2) Aadhaar based EKYC verification, re-verifications and authentications are not mandatory for mobile connections as per Supreme Court,

(3) Supreme Court’s proceedings under Aadhaar Act, 2016 on 19-05-2017,

(4) Biometric blocking and Aadhaar deseeding must be done together to safeguard your interests opines Praveen Dalal,

(5) Law for biometric blocking, Aadhaar deseeding and deletion of biometric from UIDAI database in India or abroad,

(6) Indians must block and destroy their biometric and deseed Aadhaar from all services opines Praveen Dalal,

(7) Cyber Security issues of Aadhaar and Aadhaar ecosystem,

(8) Aadhaar is Not Mandatory for PAN and Tax Returns Even In July 2017,

(9) The current and present dangers of Aadhaar hacking, etc.

More articles would be added in due course of time.

Cases where Aadhaar is not mandatory even after issuance of any notification, circular, rules, guidelines, etc by Indian Government or its Ministries are the following:

(1) Aadhaar is Not Mandatory for Bank Accounts, Bank Purposes and Money Laundering (Maintenance Of Records) Rules 2017,

(2) Aadhaar Is Not Mandatory For Stock Markets, Stock Exchanges And Trading For Stocks In India,

Aadhaar Is Not Mandatory Even Under Aadhaar Act, 2016

Despite contrary belief, Aadhaar is not mandatory even under the Aadhaar Act, 2016 for welfare and government services. Government cannot deny any benefit or service to any person or child if he/she does not possess or shows the Aadhaar card/number.

The following articles would prove that Aadhaar is not mandatory under the Aadhaar Act, 2016

(1) Aadhaar is not mandatory for availing government services including those under the Aadhaar Act, 2016,

(2) Aadhaar is not mandatory under Aadhaar Act 2016 or any other law of India,

(3) Proceedings before Supreme Court for Aadhaar Act on 27-06-2017 and 07-07-2017: Aadhaar Not Mandatory for Welfare Services,

So why is Aadhaar absolutely optional even after so much coercion, lies, arm twisting, etc of Indian government? This is because on October 15, 2015, a Constitution Bench of Supreme Court held (pdf) as follows (page 12, para 4 and 5):

  1. We impress upon the Union of India that it shall strictly follow all the earlier orders passed by this Court commencing from 23.09.2013.
  1. We will also make it clear that the Aadhaar   card   Scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this Court one way or the other”.

The interim order of Constitution Bench of Supreme Court is still in force and is binding till it is overruled by a higher bench of Supreme Court. A Division Bench of Supreme Court cannot decide contrary to that interim order.

This position has not changed even after constitutional fraud route was adopted by the Indian Parliament in the form of money bills i.e. Aadhaar Act, 2016 and Finance Bill 2016 introducing many changes including Section 139AA in the Income Tax Act, 1961.

So the Division Benches of Supreme Court held that Aadhaar is optional for the following decisions:

(1) Supreme Court Stays Mandatory Linking of Aadhaar with PAN Till Constitution Bench Decides Constitutionality of Aadhaar,

(2) Aadhaar based EKYC verification, re-verifications and authentications are not mandatory for mobile connections as per Supreme Court.

If any division bench decides to the contrary, that decision would be simply Per Incuriam and not binding.

See @_PerIncuriam for more details.

Examples of Per Incuriam judgments of Supreme Court if Aadhaar is not optional are:

(1) Supreme Court Judgments on Mobile Number Reverification and Aadhaar-Pan Linking Have Made Aadhaar Optional or are Per Incuriam,

So the “Constitutional Position” regarding Aadhaar is that Aadhaar is “Absolutely Optional” for enrollment, use, seeding, deseeding, etc. Neither Indian Government nor a Division Bench of Supreme Court can decide to the contrary due to this well established Constitutional Position.

But what if any government department or private company mandatorily asks for Aadhaar for any services or purposes?

Perry4Law Organisation (P4LO) has covered this aspect as well. You can use any of these legal remedies and forms drafted by us for refusing, delinking or opt out of the Aadhaar completely:

(1) How to Refuse Demand for Aadhaar by Banks, Mobile Companies, Govt Departments, Etc Legally,

(2) Procedure to Delink Aadhaar from all Services in India,

(3) Aadhaar related opt out and other services, available at beta ODR Platform of Perry4Law Organisation (P4LO), etc.

Just remember, the more you show your intention to be excluded by Aadhaar the more Supreme Court would protect you. If you have no Aadhaar, Supreme Court would not force one upon you. If you have an Aadhaar and has already showed your intention to be not governed by Aadhaar, Supreme Court would still protect your interests. But we are not sure how interests of cowards would be protected by Supreme Court who are not willing to fight unconstitutional Aadhaar.

But we at P4LO hope that Supreme Court would @ScrapAadhaar as Aadhaar violates almost entire Part III of Indian Constitution, including @_PrivacyRight of Indians. There is nothing that can keep the unconstitutional Aadhaar alive and salvage Aadhaar for any purpose whatsoever. Once the Supreme Court scraps Aadhaar, P4LO would share its techno legal suggestions regarding the future issues as well.

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