Former Karnataka HC Judge Justice Anand Byrareddy Joins Challenge Against Aadhaar, Files Impleadment Application In SC [Read Application]

Former Karnataka High Court Judge, Justice Anand Byrareddy has filed an Impleadment Application before the Supreme Court challenging the provisions of the Aadhaar Act, 2016. Another former Karnataka High Court Judge, Justice K Puttaswamy is the main petitioner in the original aadhaar case.Justice Byrareddy begins. It is humbly submitted that under the Aadhaar Act, the qualifying criteria for enrolment is that of residence in India for the stipulated period of one hundred eighty two days in the twelve months preceding the date of application for enrolment vide Section 2 read with Section 3 thereof..Therefore, given the state of the Indian economics, it is trite that without remedying the lot of its citizenry if a statutory measure seeks to impart benefits in the form of subsidies and other targeted financial aids to non-citizens the same is blatantly arbitrary and demonstrates an utter non-application of mind." This is crucial to note since most of the State benefits, for effective disbursement whereof the scheme is sought to be introduced, accrue to the citizens alone and therefore a scheme encompassing all ‘residents’ is patently arbitrary and against the very professed objective for which the statute is sought to be enacted..Furthermore, the Aadhaar Act, is violative of Article 14 of the Constitution insofar as it seeks to create a wrongful classification amongst a homogeneous group of entitled persons – the ones with an Aadhaar number; and the ones without an Aadhaar number, the same is arbitrary.