While the Supreme Court upheld the constitutional validity of the until now controversial subject ¡®Aadhar¡¯-a special identification program which put people¡¯s freedom and essential data at risk; one judge made an observation contrary to judgement and called the entire Aadhar project unconstitutional.??
¡°Constitutional guarantees cannot be compromised by vicissitudes of technology¡±, observed Dr?Justice Dhananjaya Yashwant Chandrachud who was part of the five-judge bench.
Justice Chandrachud held the very act of passing Aadhaar Act 2016 as a money bill unconstitutional dissenting from the majority view and called it a ¡°fraud¡± as according to him there was the?impropriety in introducing Aadhaar as the?money bill.?
¡°The passing Aadhaar Act as money bill is a fraud on the constitution¡±, Justice Chandrachud observed.
His observation also questioned the Rajya Sabha and its importance in passing laws.? ¡°If a constitution has to survive political aggrandizement, notions of power and authority must give compliance to rule of law.¡±, he observed in his dissenting judgment.
His observation upheld the perennial fear of the people being watched over and their data vulnerable to get misused.
¡°Constitutional guarantees cannot be compromised by vicissitudes of technology,¡± he observed.
The verdict, however, nullified attachment of Aadhaar to attain mobile sims and in schools at the time of admission. But it upheld the section 139AA of the Income Tax Act which makes linking PAN to Aadhaar near mandatory.