Was the Govt Right to Use Ordinance Route for Aadhaar Amendments?
5 years, 10 months ago

Was the Govt Right to Use Ordinance Route for Aadhaar Amendments?

The Quint  

Most courts are unlikely to ever say that something done by the President of India on the advice of the Union Cabinet was an abuse of power. From the absence of a law governing its use when it was introduced by the UPA government, to the way in which the Aadhaar Act 2016 was railroaded through Parliament by designating it a Money Bill, a disregard for the law has been a key feature of the programme. The designation of the Aadhaar Act as a Money Bill was termed by Justice Chandrachud, in his dissenting opinion in the Aadhaar case, as a “fraud on the Constitution”. Coming to the ordinance itself, it follows an attempt to get this law passed in Parliament – a bill with the same amendments was passed by the Lok Sabha on 8 January 2019, but wasn’t passed by the Rajya Sabha before the session ended. The fact that it failed to get past the Rajya Sabha should not be so easily discounted, since it was because of objections in the Rajya Sabha that the Money Bill fiasco had taken place in 2016.

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History of this topic

'Will take a call..': Supreme Court on forming bench to examine passing laws as money bill
5 months, 3 weeks ago

'Will take a call..': Supreme Court on forming bench to examine passing laws as money bill

Hindustan Times  

The Supreme Court on Monday agreed to consider a submission for setting up a constitution bench to hear pleas challenging the validity of passage of laws like the Aadhaar Act as money bills allegedly to bypass the Rajya Sabha. A bench comprising Chief Justice of India D Y Chandrachud and justices J B Pardiwala and Manoj Misra was urged by …

CJI Chandrachud agrees to list petitions challenging Money Bill route for contentious amendments
5 months, 3 weeks ago

CJI Chandrachud agrees to list petitions challenging Money Bill route for contentious amendments

The Hindu  

Chief Justice of India D.Y. Chandrachud on July 15 agreed to list petitions challenging the Money Bill route taken by the Centre to pass contentious amendments in the Parliament. The Money Bill question was referred to a seven-judge Bench in November 2019 by a five-judge Bench headed by Chief Justice Ranjan Gogoi in the case of Rojer Mathew vs. South …

Will Take A Call On Hearing Money Bill Issue Soon : CJI DY Chandrachud
5 months, 3 weeks ago

Will Take A Call On Hearing Money Bill Issue Soon : CJI DY Chandrachud

Live Law  

Chief Justice of India DY Chandrachud on Monday agreed to take a call on hearing the "money bill" issue soon. The majority judgment in Aadhaar case by Justice AK Sikri had held that the Aadhaar Bill in its pith and substance would pass the test of being a Money Bill. Justice Chandrachud, in his dissent in the Aadhaar judgment, referred …

The Saga Of Money Bill Controversies In India
1 year, 6 months ago

The Saga Of Money Bill Controversies In India

Live Law  

Chief Justice DY Chandrachud recently made an oral remark on the constitution of a 7 judge bench for considering the money bill issue. The Controversies on the Money Bills The fact that money bill requires passing by lower house of the legislature alone and is not affected by the amendments and recommendations suggested by the upper house is being misused …

Money Bill Issue : CJI DY Chandrachud Says Will Consider Forming 7-Judge Bench
1 year, 8 months ago

Money Bill Issue : CJI DY Chandrachud Says Will Consider Forming 7-Judge Bench

Live Law  

Chief Justice of India DY Chandrachud orally remarked today that constituting a seven-judge bench to hear the constitutional issue regarding money bills is on his mind. Singhvi requested– "Your lordship had said earlier also that you will consider as soon as possible, after the holidays, the seven judge bench on the money bill issue." Justice Chandrachud, in his dissent, referred …

Delhi High Court Dismisses Plea Challenging Mandatory Aadhar Requirement For Availing Ration Under National Food Security Act
2 years, 9 months ago

Delhi High Court Dismisses Plea Challenging Mandatory Aadhar Requirement For Availing Ration Under National Food Security Act

Live Law  

The Delhi High Court has dismissed a public interest litigation challenging the mandatory requirement of Aadhaar card to avail free ration under the National Food Security Act, 2013. Suppose you have a legal right under NFSA which is now constitutional right as per Puttaswamy, then your right can be taken away only on provisions mentioned in Aadhaar Act…Parliament enacted both …

Electoral reforms bill that links Aadhaar to voter ID passed by Lok Sabha
3 years ago

Electoral reforms bill that links Aadhaar to voter ID passed by Lok Sabha

Live Mint  

In the wake of emerging strong protests by opposition parties against the Election Laws Bill, the central government on Tuesday reiterated that these reforms are needed and also gave a detailed overview of how the proposed changes will benefit the electoral system. Here are 10 things to know about the Bill: 1) The Election Laws Bill, 2021 seeks to allow …

Aadhaar Verdict Review: SC Judgement on Pleas Against Aadhaar Scheme Validity Tomorrow
4 years ago

Aadhaar Verdict Review: SC Judgement on Pleas Against Aadhaar Scheme Validity Tomorrow

News 18  

The Supreme Court is scheduled to pronounce on Monday its verdict on pleas seeking review of a verdict upholding the Centre’s flagship Aadhaar scheme as constitutionally valid but striking down some of its provisions, including its linking with bank accounts, mobile phones and school admissions. A five-judge Constitution bench headed by then Chief Justice Dipak Misra held that while Aadhaar …

Supreme Court To Consider Review Petitions Against Aadhaar Verdict Tomorrow
4 years ago

Supreme Court To Consider Review Petitions Against Aadhaar Verdict Tomorrow

Live Law  

The review petitions against the September 2018 verdict of the Supreme Court upholding the Aadhaar project are listed before a five judge bench tomorrow.A Constitution Bench comprising Justices AM Khanwilkar, DY Chandrachud, Ashok Bhushan, S Abdul Nazeer and BR Gavai will consider the petitions at 1.30 pm in chamber. The review petitions against the September 2018 verdict of the Supreme …

Aadhaar Review : Open Court Hearing Sought Citing Observations In 'Rojer Mathew' & 'Sabarimala Reference' Cases
4 years, 7 months ago

Aadhaar Review : Open Court Hearing Sought Citing Observations In 'Rojer Mathew' & 'Sabarimala Reference' Cases

Live Law  

Two review petitioners in the Aadhaar case has filed an application seeking open court hearing of the case.The application has referred to the observations made by the Constitution Bench in the case Rojer Mathew v South Indian Bank, doubting the correctness of the Constitution Bench judgment delivered on September 27, 2018, which had held that there was nothing wrong in …

SC seeks govt’s response on use of Aadhaar as ID
5 years, 1 month ago

SC seeks govt’s response on use of Aadhaar as ID

Deccan Chronicle  

New Delhi: The Supreme Court on Friday sought response from the Centre and the Unique Identification Authority of India on a PIL challenging the Aadhaar and Other Laws Act, 2019, that provides for voluntary use of Aadhaar as an identification document for opening of the bank accounts and for getting mobile connections. Section 57 of the Aadhaar Act which now …

Supreme Court seeks government reply to plea on Aadhaar data use by private firms
5 years, 1 month ago

Supreme Court seeks government reply to plea on Aadhaar data use by private firms

The Hindu  

A Bench of Chief Justice of India S.A. Bobde and B.R. Gavai of the Supreme Court on Friday asked the Union government and the Unique Identification Authority of India to respond to a petition alleging that recent amendments to the Aadhaar law opened the back door to private players to access citizens’ sensitive personal data. “The impugned Act creates a …

SC Issues Notice On Plea Against Amendment Allowing Use Of Aadhaar Data By Private Entities [Read Petition]
5 years, 1 month ago

SC Issues Notice On Plea Against Amendment Allowing Use Of Aadhaar Data By Private Entities [Read Petition]

Live Law  

The Supreme Court on Friday issued notice to the Central Government and the Unique Identification Authority of India on a petition questioning the constitutional validity of the Aadhaar and Other Laws Act 2019, which allows private entities to use Aadhaar data of citizens.A bench comprising Chief Justice of India S A Bobde and Justice B R Gavai was considering a. …

The Tribunals Judgment – I: A Course Correction On The Money Bill
5 years, 1 month ago

The Tribunals Judgment – I: A Course Correction On The Money Bill

Live Law  

On November 13, a Constitution Bench of the Supreme Court delivered an important judgment concerning the constitutional validity of the Finance Act of 2017. There were, therefore, three issues before the Court: whether the Speaker of the Lok Sabha had correctly certified the Finance Act as a money bill; whether Section 184 of the Finance Act – the delegation provision …

Supreme Court to verify the correctness of the Aadhaar Judgment
5 years, 1 month ago

Supreme Court to verify the correctness of the Aadhaar Judgment

Live Mint  

The Supreme Court while referring the case on the Finance Act 2017 being passed as money bill to a larger bench, also held in its judgment that the larger bench should also look into the correctness of the Aadhaar judgment. The five judge constitution bench headed by the Chief Justice Ranjan Gogoi and also comprising Justices N. V. Ramana, Chandrachud, …

Cabinet approves amendments to Aadhaar Bill
5 years, 5 months ago

Cabinet approves amendments to Aadhaar Bill

Live Mint  

New Delhi: Further strengthening Aadhar in India, the Cabinet on Wednesday approved official amendments to the Aadhaar and Other Laws Bill 2019, while providing a fillip to India's sugarcane farming sector. The Bill replaces the provision to state that an individual may voluntarily use his Aadhaar number to establish his identity, by authentication or offline verification. The Bill also states …

Aadhaar bill passed, Ordinance on its use not valid anymore: Centre tells High Court
5 years, 6 months ago

Aadhaar bill passed, Ordinance on its use not valid anymore: Centre tells High Court

India TV News  

The Centre on Tuesday said the Ordinance on the issue of voluntary use of Aadhaar biometric ID in the private sector did not survive, as the Parliament had already passed the amendment bill. President Ram Nath Kovind had in March given his assent to the Aadhaar Ordinance that allowed voluntary use of Aadhaar as ID proof for obtaining mobile SIM …

Aadhaar ordinance: SC asks Centre, UIDAI to respond to writ petition
5 years, 6 months ago

Aadhaar ordinance: SC asks Centre, UIDAI to respond to writ petition

The Hindu  

A Supreme Court Bench led by Justice S.A. Bobde ordered the Centre and the Unique Identification Authority of India, the nodal Aadhaar authority, to respond to a writ petition challenging the new Aadhaar Ordinance and Regulations passed by the Lok Sabha, saying they will create a “surveillance State” and enable the database to be exploited by private players for commercial …

Penalty, jail term to private entities storing Aadhaar data
5 years, 6 months ago

Penalty, jail term to private entities storing Aadhaar data

The Hindu  

The Lok Sabha cleared the Aadhaar and Other Laws Bill, 2019 by a voice vote on Thursday. The Bill replaces an Ordinance promulgated on March 2 and provides for a stiff ₹1 crore penalty and a jail term to private entities for storing Aadhaar data. Data protection Union Minister of Electronics and Information Technology Ravi Shankar Prasad, speaking about the …

Aadhaar Amendment Bill passed in Lok Sabha
5 years, 6 months ago

Aadhaar Amendment Bill passed in Lok Sabha

India TV News  

The Lok Sabha on Thursday passed a bill to allow voluntary use of Aadhaar as proof of identity for opening bank accounts and procuring mobile phone. "Even if I, as an, Information Technology Minister, seek Aadhaar data, I will be subject to 3 years of punishment," Prasad said. He said the government has saved Rs 1.41 lakh crore due to …

Congress calls Aadhaar Bill 'political plagiarism' in Lok Sabha; says it breaches Fundamental Rights
5 years, 6 months ago

Congress calls Aadhaar Bill 'political plagiarism' in Lok Sabha; says it breaches Fundamental Rights

The Hindu  

The Congress vehemently opposed The Aadhaar and Other Laws Bill, 2019 in the Lok Sabha on July 4. “When we constituted the Aadhar, it did not breach anybody’s Fundamental Rights,” said Mr. Chowdhury. Mr. Chowdhury said that while the Constitution had a provision for Ordinances, “it gives directions on when and why and how an Ordinance can be promulgated”. The …

Aadhaar Bill seeking its use as ID to open bank accounts passes in Lok Sabha
5 years, 6 months ago

Aadhaar Bill seeking its use as ID to open bank accounts passes in Lok Sabha

India Today  

Lok Sabha on Thursday passed the Aadhaar and Other Laws Bill, 2019. Amid Opposition raising several objections to the proposed amendments in the bill, the Lok Sabha cleared the bill that seeks to allow voluntary use of Aadhaar as an identity proof. The bill proposes to allow Aadhaar cardholders to use it as an identity proof to open bank accounts …

Challenge Against Aadhaar Ordinance: Delhi HC Seeks Centre's Response
5 years, 8 months ago

Challenge Against Aadhaar Ordinance: Delhi HC Seeks Centre's Response

Live Law  

The Delhi High Court on Friday sought response of the Centre on a plea which has challenged the constitutional validity of the recent Aadhaar Ordinance on the grounds that it was brought to "overturn" the Supreme Court decision regarding the use of Aadhaar by the private sector. A five-judge Constitution bench of the apex court had in September last year …

President gives nod to ordinance that allows Aadhaar as valid ID proof in certain cases
5 years, 10 months ago

President gives nod to ordinance that allows Aadhaar as valid ID proof in certain cases

Firstpost  

The ordinance allows the use of Aadhaar as ID proof for mobile SIM cards and opening bank accounts. President Ram Nath Kovind has given his assent to an ordinance that allows voluntary use of Aadhaar as ID proof for obtaining mobile SIM cards and opening bank accounts. The ordinance gives effect to the changes in the Aadhaar Act such as …

President's nod to ordinance for voluntary use of Aadhaar as ID proof for bank account, SIM
5 years, 10 months ago

President's nod to ordinance for voluntary use of Aadhaar as ID proof for bank account, SIM

India TV News  

President Ram Nath Kovind has given his assent to an ordinance that allows voluntary use of Aadhaar as ID proof for obtaining mobile SIM cards and opening bank accounts. The ordinance gives effect to the changes in the Aadhaar Act such as giving a child an option to exit from the biometric ID programme on attaining 18 years of age. …

The Aadhaar ordinance raises serious constitutional concerns
5 years, 10 months ago

The Aadhaar ordinance raises serious constitutional concerns

Hindustan Times  

Late on Thursday night, the Union Cabinet approved the promulgation of the Aadhaar and other Laws Ordinance, 2019. This ordinance, as the name suggests, amends the Aadhaar Act, in the wake of the Supreme Court’s September 2018 judgment that held parts of it to be unconstitutional. The Aadhaar amendments are also worrying because they attempt to directly overturn the Supreme …

Cabinet clears voluntary use of Aadhaar as identity proof
5 years, 10 months ago

Cabinet clears voluntary use of Aadhaar as identity proof

The Hindu  

The Union Cabinet, chaired by Prime Minister Narendra Modi, on Thursday approved the promulgation of an Ordinance to allow voluntary submission of Aadhaar as identity proof for use by private entities such as banks, telcos and fintech firms. The amendment also provides for civil penalties for violations of Aadhaar Act and provisions by entities in the Aadhaar ecosystem. “Subsequent to …

Union Cabinet Approves Promulgation Of Aadhaar (Amendment) Ordinance, 2019
5 years, 10 months ago

Union Cabinet Approves Promulgation Of Aadhaar (Amendment) Ordinance, 2019

Live Law  

The Union Cabinet on Thursday approved the promulgation of an Ordinance to make amendments to the Aadhaar Act 2016, Prevention of Money Laundering Act 2005 & Indian Telegraph Act 1885. The amendments proposed are the same as those contained in the Bill passed by the Lok Sabha on 4th January 2019.The Supreme Court in its judgement in the Puttuswamy Case …

A renewed attack on privacy: on Aadhaar Bill
6 years ago

A renewed attack on privacy: on Aadhaar Bill

The Hindu  

On Friday, the Lok Sabha, without any attendant discussion, passed the Aadhaar and Other Laws Bill, 2018. Originally, Section 57 of the Aadhaar Act allowed both the state and private entities to use the programme to establish an individual’s identity pursuant to a law or a contract. This part of the section, thus, is declared unconstitutional.” Although this leaves little …

Opinion | The Aadhaar amendment and private sector access
6 years ago

Opinion | The Aadhaar amendment and private sector access

Live Mint  

In the most recent twist in the Aadhaar saga, the Lok Sabha passed the Aadhaar Amendment Bill last week. The bill is clearly the government’s attempt to facilitate the continued use of the Aadhaar infrastructure within the constraints laid down by the Supreme Court. The most strident criticisms of the amendment bill have, however, been reserved for the manner in …

Wouldn’t Aadhaar-Driving Licence Linking be Illegal, Mr Prasad?
6 years ago

Wouldn’t Aadhaar-Driving Licence Linking be Illegal, Mr Prasad?

The Quint  

Didn’t you see what the Supreme Court said about bank accounts and mobile numbers? About how making Aadhaar mandatory for them was wrong since it presumed everyone was doing something wrong, that there was no necessity to do this. The court also held that even if the government has a legitimate purpose in mind, there needs to be a balancing …

Lok Sabha okays bill to make Aadhaar linkage voluntary
6 years ago

Lok Sabha okays bill to make Aadhaar linkage voluntary

Live Mint  

New Delhi: The Lok Sabha on Friday passed a bill to amend three laws to provide legal backing to the government’s decision to allow voluntary linkage of Aadhaar with mobile phone numbers and bank accounts. The draft Aadhaar amendment bill puts the onus on offline verification of Aadhaar number holders where the individual will be verified through QR codes without …

Lok Sabha passes Bill to amend Aadhaar Act
6 years ago

Lok Sabha passes Bill to amend Aadhaar Act

The Hindu  

The Lok Sabha on Friday passed a Bill to amend the Aadhaar Act and two related laws which will allow individuals to offer voluntarily biometric ID as a means of identity verification for obtaining services such as opening a bank account and getting a mobile phone connection. The Aadhaar and Other Laws Bill proposes changes in the Aadhaar Act, Indian …

Lok Sabha passes bill to amend Aadhaar act
6 years ago

Lok Sabha passes bill to amend Aadhaar act

Hindustan Times  

The Lok Sabha on Friday passed a bill to amend the law on Aadhaar, inching closer to enacting changes that will allow individuals to voluntarily offer biometric details as an identity proof for obtaining private sector services such as mobile phone connections and bank accounts. Lok Sabha Friday passed a bill to amend the Aadhaar Act and two related laws …

Aadhaar Amendment Bill grants broad, vague powers; privacy needs to be priority
6 years ago

Aadhaar Amendment Bill grants broad, vague powers; privacy needs to be priority

Firstpost  

A bill to amend the Aadhaar Act, the Aadhaar Amendment Bill, 2018, was introduced in Parliament recently, leading to immediate objections on the lack of prior public consultation as well as questions on its constitutionality. Apart from provisions to bring the Aadhaar Act, 2016, in line with the Supreme Court judgment on Aadhaar, the Bill also introduces several provisions to …

The Aadhaar Amendment Bill Contravenes Privacy Judgment Of SC
6 years ago

The Aadhaar Amendment Bill Contravenes Privacy Judgment Of SC

Live Law  

On January 2, the Minister for Electronics and IT, Shri Ravi Shankar Prasad introduced the Aadhaar Amendment Bill, 2018 in the Lok Sabha. This Aadhaar Amendment Bill is a legislative follow up to the judgement of the Supreme Court on the constitutionality of the Aadhaar Program where several directions were given and parts of the Aadhaar Act, 2016 were declared …

Govt tables bill to allow voluntary use of Aadhaar for SIM, bank account; stiff penalties for violation of norms
6 years ago

Govt tables bill to allow voluntary use of Aadhaar for SIM, bank account; stiff penalties for violation of norms

Firstpost  

The bill proposes a civil penalty of up to Rs 1 crore on entities that violate the provisions of the Aadhaar Act, with an additional fine of up to Rs 10 lakh per day in case of continuous non-compliance. New Delhi: The government on Wednesday introduced a bill in the Lok Sabha that will allow individuals to offer voluntarily biometric …

The Aadhaar and Other Laws Bill introduced in Lok Sabha
6 years ago

The Aadhaar and Other Laws Bill introduced in Lok Sabha

The Quint  

New Delhi, Jan 2 The Aadhaar and Other Laws Bill, 2018 that amends the Aadhaar Act 2016 was introduced in the Lok Sabha amid opposition by the Congress and the Trinamool Congress. Union Law Minister Ravi Shankar Prasad, who introduced the Bill, said it was not in violation of the Supreme Court judgement and rejected the Opposition's concern over privacy. …

Companies violating Aadhaar Act provisions may be fined up to Rs1 crore
6 years ago

Companies violating Aadhaar Act provisions may be fined up to Rs1 crore

Live Mint  

New Delhi: The government has proposed a penalty of up to ₹ 1 crore on entities that violate the provisions of the Aadhaar Act, with an additional fine of up to ₹ 10 lakh per day in case of continuous non-compliance, sources said.Amid privacy concerns over Aadhaar, amendments have been planned in the Act, under which the government also proposes …

Jairam Ramesh seeks review of Aadhaar verdict upholding passage as Money Bill
6 years ago

Jairam Ramesh seeks review of Aadhaar verdict upholding passage as Money Bill

The Hindu  

Rajya Sabha member Jairam Ramesh has moved the Supreme Court for a review of its September 29 judgment upholding the passage of the Aadhaar Act in Parliament as a ‘Money Bill’. Justice Chandrachud had held that the passage of Aadhaar Act as a Money Bill by superseding the Rajya Sabha was a “fraud on the Constitution”. In fact, Justice Chandrachud …

Review Petition Filed In SC Against Constitution Bench’s Aadhaar Judgment [Read Petition]
6 years ago

Review Petition Filed In SC Against Constitution Bench’s Aadhaar Judgment [Read Petition]

Live Law  

A review petition has been filed in the Supreme Court of India challenging its upholding of the Constitutional validity of Aadhaar in Justice K.S. It submits, “Both these judgments have failed to account that when there is an express prohibition in the plain language of the statute itself, then it must be given effect to, and on this ground alone, …

UIDAI may soon fine firms violating Aadhaar card norms
6 years ago

UIDAI may soon fine firms violating Aadhaar card norms

Live Mint  

New Delhi: Aadhaar-issuing authority UIDAI is proposed to assume a regulatory role with enhanced power to take enforcement actions on misuse of the national biometric ID and impose stiff penalties for violations such as failure to obtain consent for authentication and in case of data breaches, a top source said. In the backdrop of the landmark Supreme Court verdict that …

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