Aadhaar Judgment : Certain Concerns

Aadhaar scheme has been one of the most ambitious projects of the Government of India. Concerns regarding majority judgment The majority judgment written by Justice A K Sikri, while declaring the Aadhaar Act to be constitutional, has struck down provisions such as section 33 as well as section 57. Threshold of right to privacy and constitutional principles of proportionality as well as dignity requirements were attenuated while upholding the constitutional validity of the Aadhaar Act as reasonable restriction. Eventhough the majority has struck down the Section 33 as well as the Section 57, the larger rationale of upholding the Aadhaar Act to be constitutional fails to meet the test of reasonable objective and reasonable means to impinge upon the right to privacy. But the striking down of Section 57 of the Aadhaar Act by the majority judgment clearly is unconditional and there is no room for private entities to use Aadhaar.