The Aadhaar ordinance raises serious constitutional concerns
Hindustan TimesLate 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 Court’s September 2018 judgment on the constitutional validity of Aadhaar. In that judgment, the Supreme Court was clear that the use of the Aadhaar database by private parties enabled commercial surveillance, and was therefore unconstitutional. Lastly, the Supreme Court judgment also made clear that if information in the Aadhaar database had to be disclosed in the interests of national security, it would have to be sanctioned by a judicial officer.