The Supreme Court will shortly pronounce the judgment on the validity of Aadhaar..The judgment will be pronounced by a Bench of Chief Justice Dipak Misra and Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan..Of the five judges, Justices AK Sikri, DY Chandrachud and Ashok Bhushan will pronounce three separate opinions. No separate judgments will be authored by CJI Dipak Misra and Justice Khanwilkar. Justice AK Sikri will be pronouncing the judgment first, followed by Justice DY Chandrachud, and the Justice Ashok Bhushan..Here are the Live Updates:.Judgment by Justice AK Sikri. – Supreme Court Bench assembles, Justice AK Sikri pronouncing his judgment now. – Justice AK Sikri has authored the judgment on behalf of himself and CJI Dipak Misra and Justice AM Khanwilkar.– It is better to be unique than the best, Justice AK Sikri starts his Aadhaar judgment. Aadhaar has become the most talked about expression in the recent years. – Sikri J. on submissions of petitioner: Attack on Aadhaar by petitioners is based on violation of rights under Part III of the Constitution, will lead us to become a surveillance State. – There is no possibility of obtaining duplicate Aadhaar card, Sikri J.. – The unique identification proof also empowers and gives identity to marginalised sections of the society, Sikri J.. – The main plank of challenge to Aadhaar project and Act is that it infringes Right to Privacy. – States that heavy reliance has been placed on Privacy judgment of 2017.– Concept of Human dignity has been enlarged in the judgment.– The judgment also deals with Proportionality doctrine, compelling State interest and Strict Scrutiny Test.– Supreme Court satisfied that there is sufficent defence mechanism for authentication. Some provisions relating to authentication are however struck down. Section 33(2) of Aadhaar Act struck down.– Section 57 of Aadhaar Act which enables body corporates to seek authentication is unconstitutional, Supreme Court.– Sikri J. now on whether Sections 7 and 8 of Aadhaar Act violates Right to Privacy.– Data obtained is very very minimal, the benefits especially to marginalised is large.– Supreme Court turns down argument on exclusion. Lot of people who will benefit due to inclusion cannot be denied due to exclusion of few; Can’t throw baby out with bathwater, Supreme Court..– Benefits and services under Section 7 should be of the nature of welfare schemes targeted at a particular deprived community. CBSE, NEET etc. cannot mandate Aadhaar..– School admissions not a benefit under Section 7, Aadhaar cannot be mandated for the same, Supreme Court..– Section 59 of Aadhaar Act valid, Supreme Court..– Section 33(1) read down; Individual should be given opportunity of hearing, Supreme Court..– Section 33(2) – officer should be above rank of Joint Secretary..– Section 47 should include provision for individual to file complaint..– Aadhaar Act can be passed as Money Bill, holds Supreme Court; turns down challenge on the ground that it could not have been classified as a Money bill..– Aadhaar cannot be mandated for opening of bank accounts, Supreme Court..– Aadhaar cannot be mandatory for mobile connections; DoT notification to that effect unconstitutional..– Supreme Court upholds Section 139AA mandating linkage of Aadhaar with PAN..– Sikri J concludes pronouncement of majority judgment. DY Chandrachud J. starts pronouncement of his judgment..Judgment by Justice DY Chandrachud.– The decision to treat a bill as a money bill is amenable to judicial review, Chandrachud J, concurs with Sikhri J. on this aspect..– DY Chandrachud J. dissents on Aadhaar Act as money bill; holds Aadhaar Act cannot be treated as Money bill..– Passing of bill as money bill when it does not qualify as a money bill is a fraud on Constitution, violates Basic Structure, DY Chandrachud J. dissents..– Constitutional guarantees cannot be left to risks posed by technological advancements, Chandrachud J..– Absence of independent regulatory framework compromises data protection. Aadhaar Act therefore cannot pass tests under Article 14, Chandrachud J..– Allowing private players to use Aadhaar will lead to profiling which could be used in ascertaining political views etc of citizens, Chandrachud J..– Mandating Aadhaar for benefits and services under Section 7 would lead to a situation in which citizens will not be able to live without Aadhaar. Hence, Section 7 is arbitrary and unconstitutional, Chandrachud J..– Chandrachud J. comes down on Central government for passing notifications on Aadhaar in violation of interim orders of SC. Propriety demands that Centre should have approached this Court for variation of its orders, Chandrachud J..– Chandrachud J. dissents , strikes down Aadhaar..Judgment by Justice Ashok Bhushan.– Ashok Bhushan J. concurs with majority judgment of AK Sikri, but differs on three issues..– Pronouncement concludes; 4-1 in favour of Aadhaar..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
