Letter to Supreme Court Constitution Bench

4-Apr-2016

Chief Justice of India TS Thakur
Supreme Court of India
Tilak Marg,
New Delhi – 110201

[Subject: The Aadhaar Emergency should be halted]

Dear Sir,

I would like to submit that The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 marks a new low in our post-independence history.

First, the categorization of the Aadhaar Bill as a money Bill is an outright fraud on our Constitution. The precedents quoted by the Finance Minister Mr. Arun Jaitley – Juvenile Justice Bill of 1986 and African Development Bank Bill of 1983 – are by themselves suspect. Even if the examples were correct, a wrong precedent once set cannot be used to perpetuate the wrong. By the same extension, the Aadhaar Act may now serve as a convenient precedent for more such transgressions.

Second, the presumptions on which the Aadhaar programme is based as well as the provisions of the Aadhaar Act directly compromise the fundamental right to life on several counts. The reasons for such conclusion, I have captured in the attached paper. Request your kind consideration.

Aadhaar is a body blow to the liberal and democratic foundations on which our nation is built. The Supreme Court should not stand a mute witness to this. It did so once in 1975; I pray that the same not be repeated again.

The scrapping of Section 66A of the IT Act in the recent past gives me reason to hope that our nation may still be saved.

Sincerely.

CC: Members of the Constitution Bench looking into Aadhaar –

Justice Fakkir Mohamed Ibrahim Kalifulla

Justice A.K. Sikri

Justice S.A. Bobde

Justice R. Banumathi

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