Saturday, June 14, 2014

Centre Plans To Scrap Aadhaar Project As Per Experts Suggestions

It is really unfortunate how political consideration overweight the national interest of India. The Congress led government has taken many steps and launched many projects that were clearly illegal in nature. Despite warnings from legal experts, the Congress led government kept on pushing those projects at the cost of Indian exchequer and civil liberties.

It seems the Congress led government was pursuing a secret agenda in a desperate attempt to regain the power at the centre. However, those efforts of Congress failed miserably and the BJP led government came with a clear majority. The natural question that has arisen is whether Modi government would “simply step into the shoes of Congress” or actually protect the Constitutional Rights of Indian Citizens, opines Praveen Dalal, managing partner of New Delhi based ICT law firm Perry4Law and leading techno legal expert of Asia.  

One such unconstitutional project of Congress led government is Aadhaar that should not have been started at all. The problem with aadhaar project is that it was never implemented in a legal and constitutional manner. However, there were very few individuals who raised their voices against this illegal project.

One of the early, stern and incessant opposers of the Aadhaar project is Praveen Dalal who was the first one to demand for scrapping of Aadhaar project in the year 2010. Dalal claimed that the UIDAI must not use public funds till provisions regarding the same are incorporated in the law to be formulated by Parliament of India. He still believes that Aadhaar project must be scrapped till a constitutional law supporting the project is in place as it is a fraud against the constitution.

According to Dalal, “The Aadhaar Project is the most “Obnoxious” and “Evil” Project that Indian Government has been pursuing till now. In my personal opinion, the very foundation of Aadhaar Project is based upon “Lies and Deception” and this Project should have been “Scrapped” long before. However, the previous Government not only deliberately kept this “Illegal and Unconstitutional Project” alive but also wasted crore of “Hard Earned Public Money” on a Project that is clearly Illegal and Unconstitutional. Narendra Modi “Must Scrap Aadhaar Project” as well along with the Cabinet Committee on UIDAI, recommends Dalal.

Fortunately, the Constitutional Validity of Aadhaar Project has been questioned in the High Courts and Supreme Court of India. The Supreme Court has even held that Aadhaar Card/Number cannot be made mandatory for availing public services in India. The Supreme Court has also prohibited UIDAI from sharing biometric data with Indian Government Agencies without data owner’s consent. Even a Parliamentary Committed rejected the proposed National Identification Authority of India Bill 2010 finding it “Inadequate and Unsuitable”, informs Dalal.

Fortunately, the Modi led government has considered the suggestions of experts like Dalal and it is now considering scrapping the Aadhaar project altogether. The intent of the Modi led government to take such a move was apparent when Prime Minister Modi decided to discontinue the previous government’s Cabinet committee on the Unique Identification Authority of India.

“As the UIDAI has no legal backing, a decision would soon be taken to scrap it and in its place the entire exercise would be handed over to the NPR, which will not only provide Unique ID number to a person but also establish bonafide citizenship," sources said. However, the NPR exercise has its own “Demerits and Constitutional Issues” and they must be resolved first, warns Dalal.