Media reports have been revealing the truth of Aadhar project of India and unique identification authority of India (UIDAI). Media has been pointing towards e-surveillance and big brother role of Aadhar project and UIDAI.The danger of Aadhar project and UIDAI are apparent and now the evil intentions of Aadhar project and UIDAI are appearing one by one. In fact, Aadhar project and UIDAI are the most evil projects of India till now.
In this interview of Praveen Dalal, managing partner of New Delhi based ICT law firm Perry4Law and leading techno legal expert of India, some of the issues that make Aadhar project and UDIAI illegal and unconstitutional have been discussed. According to Praveen Dalal nothing short of a “Legislative Deliberation” between UIDAI and Stakeholders/Experts can resolve this problem.
Q-1 Why are Aadhar project and UIDAI illegal and unconstitutional?
A-1 Aadhar/UIDAI is illegal for many reasons. The primary being that neither Aadhar Project nor UIDAI is governed by any Legal Framework. As I said before the Legal Framework must be “Constitutionally Valid”, i.e. it must pass the tests of Part III (Fundamental Rights) and other Parts of the Constitution of India. I am not commenting upon the “Constitutional Validity” of an Executive Order at this point of time, though it is a very important and controversial issue as well.
Q-2 What are your main concerns regarding Aadhar project and UIDAI?
A-2 My biggest concerns are absence of Legislative Framework for Aadhar Project and UIDAI. Further, absence of Privacy Laws and Data Protection Laws would also seriously jeoparidise Aadhar Project and UIDAI.
Q-3 What Indian government and UIDAI must do now?
A-3 The Government of India/UIDAI must at least enact a “Constitutionally Valid” Legal Framework for Aadhar Project and UIDAI before proceeding further. National Identification Authority of India Bill 2010 (Bill) proposed by UIDAI is a good “Administrative Framework” but it is far from being a “Constitutionally Sound” Law that can protect Aadhar Project and UIDAI from the attacks of Unconstitutionality.
Q-4 Has Aadhar project and UIDAI been legally challenged so far?
A-4 I am not aware of any Petition that has challenged UIDAI’s constitutionality. Of course, there are some Citizen Groups and NGOs that are also raising these objections. I do not recollect the name of these Groups and NGOs.
Q-5 What is the current legal status of Aadhar project and UIDAI? Are they legally binding upon Indian citizens?
A-5 Neither Aadhar Project nor UIDAI would be “Fait Accompli” for Indian citizens. The formal launch of Aadhar is of not “Significance” as it has neither been “Successful” in India nor it is “Immuned” to any sort of legal or Constitutional challenge. All the past and present acts or omissions of Aadhar Project/UIDAI can be, and would be, challenged in a Constitutional Court in due course of time.
