Can Aadhaar track citizens, asks Supreme Court

The Supreme Court on Wednesday sought a clarification on whether Aadhaar could be used only for verification or tracking citizens as it began final hearings in the case pertaining to the validity of the national identification scheme that faces criticism for violating privacy.

A five-judge Constitution Bench headed by Chief Justice of India Dipak Misra questioned if the State can compel citizens to part with biometrics in public interest. Justice DY Chandrachud, one of the five judges on the bench questioned if Aadhaar was safe and biometric was being used for the purpose they were collected.

Senior advocate Shyam Divan, appearing for one of the 27 petitioners who have challenged the constitutional validity of Aadhaar , stated that it is a tool that alters the relationship between the citizen and the State. "This unique biometric identification scheme is akin to a switch the State can use to cause a citizen's civil death," he said in the opening statements of his final arguments.

To this, Justice Chandrachud observed that biometric entry could also be used for children and teachers to ensure right to education. "State spends crores on mid-day meals, but money is not reaching the children," Justice Chandrachud said.

During the course of arguments, CJI Misra asked whether the Aadhaar Act, 2016, which was passed by the Lok Sabha, can be challenged.

"Can courts review the decision of the Speaker to designate a Bill as a money Bill?" the CJI asked.

To this, former finance minister P Chidambaram, representing one of the petitioners, clarified that the money Bill was an instrument "only" for financial matters. "If the Bill violates Article 110, the judiciary has the power to review it for constitutionality," Chidambaram said.

Justice AK Sikri, who is also on the bench, wanted to know how submitting biometrics for Aadhaar was different from giving them up for a US Visa. Divan quipped that the US was not building up a profile as it is in the case for Aadhaar.

Right off the bat, Divan confessed that there was no precedent to guide them in this one-of-its-kind situation. No democratic society had engaged in a programme of the size and scale of Aadhaar, he said. "There are very few precedents to guide us. Cases from other countries favour us," he added. If Aadhaar is allowed to continue, Divan said, it would "hollow out" the Constitution.

Challenging this compulsory barter of personal details in lieu of essential commodities and services, Divan said the Aadhaar has become a "giant electronic mesh" and will turn the country "into a surveillance state."

"This leash is connected to a central data base that is designed to track transactions across the life of the citizen. This record will enable the State to profile citizens, track their movements, assess their habits and silently influence their behaviour. Over time, the profiling enables the State to stifle dissent and influence political decision making," Divan said.