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Filtered by Tag: Constitution Bench

Supreme Court Order on Aadhaar: A Blow to Welfare

Supreme Court Order on Aadhaar: A Blow to Welfare

#aadhaar, #Supreme Court, #Constitution Bench, #money bill, #CJI

The Right to Food Campaign is deeply disappointed by the 13 March 2018 Supreme Court order which extends the deadline for Aadhaar linking of facilities such as bank accounts and SIM cards, but permits the continued imposition of Aadhaar on social services and entitlements such as the public distribution system (PDS), the National Rural Employment Guarantee Act (NREGA) and social security pensions. This order perpetuates a long-standing double standard, whereby the hardships experienced by privileged classes due to Aadhaar being made mandatory are being addressed while much greater hardships endured by poor people are ignored.

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SC extending Aadhaar linking deadline indefinitely for only banking, mobile leaves most vulnerable with no protection for privacy or basic rights to welfare

SC extending Aadhaar linking deadline indefinitely for only banking, mobile leaves most vulnerable with no protection for privacy or basic rights to welfare

#aadhaar, #Supreme Court, #Constitution Bench, #money bill, #CJI

The Interim Order issued by the Supreme Court today has come as a grave disappointment, given the large scale exclusion and cases of starvation deaths reported due to Aadhaar, the biometrics-linked resident ID, from the poorest districts of the country. 

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Government’s claim that only wrong-doers need privacy shocks the court

Government’s claim that only wrong-doers need privacy shocks the court

#aadhaar, #UID, #Supreme Court, #Constitution Bench, #Right to privacy, #Fundamental Right

The 9-Judge Constitution Bench concluded hearings to settle the question of whether there exists a fundamental right to privacy in India. The bench has reserved its judgment over whether privacy is a fundamental right in India.

The government’s counsels insisted that the Supreme Court should not recognise privacy as a fundamental right. They once again repeated arguments that privacy is an elite concept, that privacy interests are being only canvassed by a minority of wealthy citizens, and further, that only wrong-doers were asking for privacy.

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Govt claims that right to privacy will make the poor suffer

Govt claims that right to privacy will make the poor suffer

#aadhaar, #UID, #Supreme Court, #Constitution Bench, #Right to privacy, #Fundamental Right

The 9-Judge Constitution Bench continued hearing the arguments of the Government of India to settle the question of whether there exists a fundamental right to privacy in India. In August 2015, the Government of India denied that a fundamental right to privacy exists in India in the ongoing Aadhaar case. After the 9-judge bench finishes hearings on the limited question of whether Indians have a fundamental right to privacy, a 5-judge bench is then expected to rule on whether the Aadhaar scheme violates such a fundamental right and will thereby decide the fate of the Aadhaar project.

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Government of India ties itself in knots in #RightToPrivacy Case

Government of India ties itself in knots in #RightToPrivacy Case

#aadhaar, #UID, #Supreme Court, #Constitution Bench, #Right to privacy, #Fundamental Right

The 9-Judge Constitution Bench continued hearing the arguments of the Government of India to settle the question of whether there exists a fundamental right to privacy in India. In August 2015, the Government of India denied that a fundamental right to privacy exists in India in the ongoing Aadhaar case. After the 9-judge bench finishes hearings on the limited question of whether Indians have a fundamental right to privacy, a 5-judge bench is then expected to rule on whether the Aadhaar scheme violates such a fundamental right and will thereby decide the fate of the Aadhaar project. 

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Right to Privacy not Absolute in a Developing Economy like India: Government

Right to Privacy not Absolute in a Developing Economy like India: Government

#aadhaar, #UID, #Supreme Court, #Constitution Bench, #Right to privacy, #Fundamental Right

The 9-Judge constitutional bench resumed hearings to settle the question on whether there exists a fundamental right to privacy in India. This bench in the words of Justice Nariman “..will decide the issue once and for all for conceptual clarity for the nation.” In an important development, several states decided to join the issue on the side of the petitioners and argued that there does exist a fundamental right to privacy in India.

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Is Government correct to deny privacy as a fundamental right? SC to decide

Is Government correct to deny privacy as a fundamental right? SC to decide

#Supreme Court, #Right to privacy, #Fundamental Right, #Constitution Bench, #Kharak Singh, #per incuriam, #aadhaar

Today, a five-judge bench of the Supreme Court presided over by Chief Justice of India J.S. Khehar heard a bunch of petitions today challenging Aadhaar, a biometrics-linked residents ID, on different grounds, including those related to right to privacy.

They decided to constitute a nine-judge bench to decide on the issue of whether we enjoy a right to privacy as a fundamental right under the Constitution of India.

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