Aadhaar Nightmares Coming True. How Ameya Dhapre Is Enduring 'Living Hell' with His Aadhaar: Report
For more than past 10 years or ever since the inception of Aadhaar, Moneylife has been warning how it can endanger lives and expose to frauds crores of citizens as well as financial institutions. Mumbai-based Ameya Dhapre's life has turned upside-down ever since someone posted copy of his Aadhaar on the web, says a report from Mumbai Mirror
 
Mr Dhapre's Aadhaar number has been used by scamsters for obtaining SIM cards, opening bank accounts, and even creating seller accounts on e-commerce portals for duping people. Everyday someone or other lands up at his door seeking 'refund' of his/her money of which Mr Dhapre has no idea whatsoever. 
 
"His case highlights how easy it is to impersonate someone with just a copy of their Aadhaar card, and how important it is to guard it just as one would a credit card or a bank account number," the report says. 
 
Quoting from a first information report (FIR) filed by Mr Dhapre at VP Road Police Station in Mumbai, the newspaper report says, he had registered for his Aadhaar in 2012. "Three years later, an officer from Mundhva police station in Pune arrived at his house, suspecting that he had been harassing a woman over the phone. Mr Dhapre had to travel to Pune to record his statement. It turned out that the man behind the harassment had used Mr Dhapre’s Aadhaar card to get know-your-customer (KYC) done for not just the mobile connection in question, but two others as well."
 
Not just mobile numbers, fraudsters have even used Mr Dhapre's Aadhaar for opening a bank account, which he came to know only in 2017. Mumbai Mirror says, "...in 2017, he went to a bank to open a joint account with his father. He furnished his Aadhaar card but was told it could not be accepted as it had already been linked with another bank account. Mr Dhapre wrote an email to the bank at once, saying his Aadhaar card had been misused."
 
When Mr Dhapre searched Google for his name, to his shock, he found a copy of his Aadhaar had been posted on several portals. "He soon learned that someone using his name and Aadhaar number had opened an account on a shopping website and duped several people with the false promise of selling them branded electronic gadgets. Soon enough, victims of these fraudsters began showing up at Mr Dhapre’s door, demanding their money back. Many created a scene and even warned him of ‘consequences’ if he didn’t return their money," the report says.
 
What is more shocking is Unique Identification Authority of India (UIDAI), the de-facto numbering agency, has almost no mechanism or system to address such grievances. 
 
When Mr Dhapre approached UIDAI, he was told that while his Aadhaar number could not be changed, it could be cancelled and that he should do so. He told Mumbai Mirror that “I approached UIDAI but they have no way of changing someone’s Aadhaar number. They said I should de-activate my account but that is not a solution. They wanted me to lodge a complaint for every single fraudulent transaction. That is an impossible task. They need to have a better solution to my problem as I am suffering for no fault of my own.”
 
As per the provisions of Sections 27 and 28 of Aadhaar Act, a person's Aadhaar can be cancelled or deactivated if multiple Aadhaar numbers have been issued, or there are discrepancies in the biometric data or supporting documents. But there is nothing in the law about misuse or impersonating of an Aadhaar number-holder at multiple places. 
 
Interestingly, the Aadhaar Act under Chapter IV- 29 prohibits publishing, displaying or posting publicly any Aadhaar number. This is a punishable offence under Chapter VII 38 (g), which says…
 
(g) reveals any information in contravention of sub-section (5) of section 28, or shares, uses or displays information in contravention of section 29 or assists any person in any of the aforementioned acts; 
 
Last year, UIDAI itself had said, "Do not publish any personal identifiable data including Aadhaar in public domain/ websites etc. Publication of Aadhaar details is punishable under Aadhaar Act.”
 
This clarification was outcome of a fiasco when RS Sharma, chairman of Telecom Regulatory Authority of India (TRAI), shared publicly his Aadhaar number and challenged to reveal his personal details. Within moments, several people revealed Mr Sharma's personal information, like permanent account number (PAN), his date of birth, mobile numbers, and residential address. Some even claimed to have created a profile of Mr Sharma using his Aadhaar number on e-shopping sites using these credentials.
 
 
Mr Sharma, former director general (DG) and mission director of UIDAI, neither accepted nor rejected whether the information revealed on Twitter belonged to him. 
 
According to senior advocate Arvind P Datar, the disclosure of Mr Sharma's Aadhaar number in a tweet could be in violation of Regulation 6 of the Aadhaar (Sharing of Information) Regulations, 2016, which states that the number of an individual shall not be published, displayed or posted publicly by any person or entity or agency.
 
In its tweet on 31 July 2018, UIDAI had stated "Any person indulging in such acts or abetting or inciting others to do so makes themselves liable for prosecution and penal action under the law. Therefore, people should refrain from such acts."
 
However, in case of Mr Dhapre, UIDAI has no solution, except for asking him to de-activate his Aadhaar number and face multiple consequences. This means if he deactivates his Aadhar number, all his linked bank accounts, mobile SIMs, and PAN card would become dead, which not just Mr Dhapre, but anyone in similar situation cannot afford or even think about. 
 
According to the report, Mr Dhapre has also filed complaint with the cybercrime police station, but there still is no respite to him since his case was forwarded to the local police station for further investigation. 
 
“There was no relief. People would keep coming to my house. In October a man from Bhiwandi came to my home claiming that I had taken Rs17,000 from him for an iPhone but had never given him the gadget. It was only when I explained everything in detail to him that the man calmed down and left,” Mr Dhapre was quoted by the newspaper as saying in his statement to the police. 
 
He told the newspaper, “My life has become hell. I receive at least two or three authentication-failure emails a day, apart from several anonymous calls and messages, which indicate that people are trying to use my Aadhaar somewhere. Jharkhand, Punjab, Haryana… the list is endless. I also have a toddler at home, and random men turning up at my home every day, sometimes in my absence, is scary.”
 
“Whenever I inquire with the police, their only response is: ‘We are investigating’. There is no relief in sight. Even the cybercrime cell has not been able to help erase my details online,” Mr Dhapre had said.
 
On his Facebook, Mr Dhapre has put up a warning message saying, “My name being used for online fraud transaction. Immediately log police complaint against that person.”
 
It is important to remember that UIDAI has been legally structured in a manner that is not answerable to people, nor is it obliged to complete any updations or explain why something takes so long. 
 
On its website, UIDAI had listed possible criminal penalties from the Aadhaar Act. Two such penalties that can be used in Mr Dhapre's case are "Impersonation by providing false demographic or biometric information is an offence and appropriating the identity of an Aadhaar number holder by changing or attempting to change the demographic and biometric information of an Aadhaar number holder is an offence, both attracts imprisonment for three years and a fine of Rs10,000."
 
While Mr Dhapre's case is unique, the internet is full of Aadhaar records of many residents. A simple search can reveal Aadhaar data of hundreds, if not thousands, of the UID holders. 
 
In March 2018, by using simple words like 'Mera Aadhaar meri pehchan filetype:pdf', Moneylife in detailed profiles of people uploaded online by third parties or agents. (Read: Mera Aadhaar Meri Pehchan: But Leaked All Over the Internet!)
 
Yet, Aadhaar continued to being touted as the biggest tool of empowerment in India by politicians and highly educated tech-czars who stand to profit from its widespread use, doesn’t matter the hardship and nightmares caused to ordinary people. 
 
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    COMMENTS

    SURESH NAIR

    3 months ago

    Very poor editing!

    Santanu Majumder

    3 months ago

    It's right in your city bank provide 50ticket so only 50can solv it each day with ₹50 charge.So if you want to right it you go bank at 4-5 Am then 10am you collect ticket and next day you come bank to re-solve it

    ISHWAR SATWANI

    3 months ago

    Either UIDAI should announce some stern mechanism to punish criminals who are misusing other's Aadhar OR Should withdraw Aadhar so that innocent people like Mr.Dhapre, should not suffer . Already PMC Bank Innocent Customers are suffering for no proper mechanism by RBI . It is responsibility of the Government to protect innocent public

    S Gopal

    3 months ago

    On the Aadhaar, to begin with citizens should not be asked to part with a copy of their Aadhaar card, the Aadhaar number of 12 digits should never be printed in full, the middle digits should be crossed. It should be a system where given data can be verified and returned as Ok or Not Ok only with the consent of the citizen. These are some suggestions.

    REPLY

    MDT

    In Reply to S Gopal 3 months ago

    Thanks for your comment.

    This is what has been touted by UIDAI and its founders-promoters. But in practice, the moment you share the number, all your personal details are flashed. Kindly visit, any mobile operator's service center & check how Aadhaar is used in practice.

    S Gopal

    3 months ago

    I have always liked the messages and analysis coming from Moneylife. But have failed to understand its bias against the Aadhaar concept. Probably every country in the world has some identification mechanism of its citizens. Aadhaar probably is one such for Indians. It may not be perfect, but it can be made more secure and perfect over time. It will be great if we can highlight the gaps and problem areas that need to be addressed rather than simply crying against the same. Wishing for it to go away may be like throwing the baby with the bath water.

    REPLY

    MDT

    In Reply to S Gopal 3 months ago

    Thanks for your comment.

    UIDAI admitted, in response to a RTI (Right to Information) query, that it does not certify the identity, address, date of birth, resident status or existence of any individual or any Aadhaar number. Even the US has been warning about misuse if the SSN, which by the way does not have biometrics, like Aadhaar.

    You may want to read more
    https://www.moneylife.in/article/aadhaar-a-primer/53534.html

    Kiran Paranjape

    3 months ago

    I think moneylife is doing good job in spreading awareness about what can go wrong. But they need to go a step further and guide its readers about what they should do to avoid this happening to them. Only reporting what has happened fall short of the standards set by Moneylife. Expect them to come up with list of precautions to be taken.

    REPLY

    Sucheta Dalal

    In Reply to Kiran Paranjape 3 months ago

    The brunt of what we are saying is that THERE ARE NO SOLUTIONS. And that is why it is FRIGHTENING. We have done our best and have also challenged the founders of UIDAI and its CEO. There are NO answers - and nothing that citizens can do. As for routine warnings -- there are plenty of them on our website. Starting from our suggestion that you need to keep Aadhar locked. And our many financial literacy efforts where we tell people do not distribute your personal details for KYC randomly - people used to carry a set and hand them over to anybody for anything. These multiple KYC requirements with no accountability on the part of any regulator for documents collected is also an issue. But you as a citizen should also start worrying. A third party like us, with very limited resources and many challenges cannot keep fighting all battles or offer solutions that the government needs to offer!

    Meenal Mamdani

    In Reply to Sucheta Dalal 3 months ago

    Dear Sucheta
    MLF has done wonders to make people aware of financial problems but it cannot be the go-to organization for all ills affecting our society.

    We need independent social organizations dedicated to fighting specific ills. For example one devoted solely for Aadhar and its problems. Such an organization must have an annual membership so that the dues can support a paid staff to carry out the leg work. It is a lot of work and one cannot expect volunteers to do this. Yes, an organization like this will have free riders but if there are enough paid members, it can survive. Or else, it can charge for pursuing and solving each case of wrongdoing. If it is a non-profit organization, transparent in its functioning and open to constructive criticism, it could set an example by guiding the public to take the matters of improving governance in their own hands.

    We need individual organizations dedicated to so many problems like sanitation, improving use of water, improving traffic, the list is endless. But we cannot be daunted, one must begin somewhere.

    MLF can be a midwife to such organizations by guiding their birth and their growth. We have so much expertise in our society which is wasted after people retire. Let us unleash the power of the people.

    Anando Bhattacharya

    In Reply to Sucheta Dalal 3 months ago

    I agree with your contention and thanks for sharing your views. Moneylife atleast has a voice but what voice do ordinary people have? Atleast i came to know now from your response that we need to lock Aadhar. I am sharing this information with friends/colleagues as most of them are not aware of this .

    Aarmin Banaji

    In Reply to Kiran Paranjape 3 months ago

    Strange are the ways of the world, when the majority stays quiet and in practical terms acquiesces to the shenanigans of the State and then questions the standard of critics, in this case Moneylife.
    I can but reiterate my appreciation for the latter and would have only hoped that they would have led a mass campaign against this dystopian card like the opposition at present to the CAA.
    But with our judiciary too compromising on what constitutes justice, both in terms of the quality of the judgements and the inordinate delay (there should not be a single case pending in any court over 6 months), there is very little than an ordinary citizen can do except try and bear the disfunctionality (sic) in our society.
    One day society shall implode, much to all our sadness.

    Sucheta Dalal

    In Reply to Aarmin Banaji 3 months ago

    Dear Armin. Thank you so much. I really appreciate this comment. Moneylife and Moneylife Foundation has been among the earliest to start creating awareness about the dangers of Aadhar. At that time even the PM (then an opposition leader) agreed. But clearly th financial clout of those pushing for Aadhar -- as deeply flawed and dangerous as it is -- is so huge that all our efforts at creating a 'mass campaign' failed. A mass campaign cannot happen until people react like they do on this timeline. Ironically, most of them don't even seem to apply their mind to the fact that we gain nothing by being anti-Aadhar -- on the contrary, the big bucks and support are those who propagate it and are wilfully blind to its dangers. Until you are a victim, like the man above, the enormity and complete callousness and lack of redress won't hit you. We see it first hand in our attempt to help affected people. Even with our reach, there is no resolution -- because UIDAI has not bothered to PUT IN PLACE a workable resolution mechanism. Every upgrade, change in address or change in detail is a nightmare. The poorest suffer the most. Those living and commenting from abroad need to see the queues at post offices or the repeated payments made by the poor to upload changes to understand the enormity of this mess. But they won't bother. Far easier to criticise, suspect and question without studying the issue!

    Aarmin Banaji

    In Reply to Sucheta Dalal 3 months ago

    Dear Suchita (BTW it is Aarmin not Armin), you and Moneylife are more than welcome.

    I have been a vociferous critic of this lousy card right from its inception under UPA and at that time filed a PIL in the Bombay High Court at my personal expense, only to have it dismissed in 2 minutes and being given the palliative for me to join the one pending in the SC.
    Not having the the time or money to do so, I just refused to get an Aadhaar Card till the SC in all its ill-wisdom gave the ruling of linking it with your PAN. Having done so, I continue to not share/link this idiotic card for any other purpose. In doing so I am constantly faced with having to fight with different authorities/agencies, be it the banks, highway authorities, RTO, etc..
    My only purpose of enumerating this at length is to indicate that an individual has to take responsibility to safeguard his/her privacy, liberty and freedom.
    We don't and never have needed a Maa-Baap Sarkar for anything to do with the well-being of the nation and definitely not for any largesse to an individual. All things we ever have, are our Right and we can safely do without the interference of the State in our lives. Every time the State claims to do anything for the citizen, it is but to pull the wool over their eyes. Unfortunately, the latter much less from being realised by the masses, is welcomed, endorsed and propagated by the cognitively-challenged.

    Sucheta Dalal

    In Reply to Aarmin Banaji 3 months ago

    Thanks Aarmin -- BTW it is Sucheta not Suchita

    Aarmin Banaji

    In Reply to Sucheta Dalal 3 months ago

    Welcome again Sucheta and apologies for the brain-fade which made me misspell your name [waiting for some trolls to call us a mutual-admiration society:)].

    However, it might not be remiss to quote from an article by Alok Rai in today's Indian Express, which though in relation George Steiner's exploration of what the Nazi experience had meant for the German language, is quite germane when taken in context of what the State in India and specially this dispensation, dishes out to its citizens. All in the guise of a benign benefactor and convinces a substantial populace that this is what is good for the nation. The truth sadly is, that such schemes are good for consolidating power over (not for) the citizen.

    "Everything forgets. But not language. When it has been injected with falsehood, only the most drastic truth can cleanse it...Words that are saturated with lies or atrocity do not easily resume life. Languages have great reserves of life. They can absorb masses of hysteria, illiteracy and cheapness...But there comes a breaking point. Use a language to to conceive, organise and justify Belsen (a Nazi concentration camp for Jews created in north-western Germany during World War II), use it to dehumanise man... Something will happen to it. Something of the lies and the sadism will settle in the marrow of the language. Imperceptibly at first, like the poison of radiation sifting silently into the bone. But the cancer will begin...."

    It does not take an Edward Snowden (post by MDT below) to tell us the Orwellian nature behind the setting-up of UIDAI and the Aadhaar Card, now dovetailing into facial recognition and mass surveillance to stem protest (violent or non-violent hardly matters) and stifle, if not stamp out, disagreement in thought or word.

    I sadly predict that for all the effort Moneylife has made and supportive comments such as this, the core who continue to believe in Aadhaar as a panacea will continue unabated.

    m.prabhu.shankar

    3 months ago

    Dangerous. Very Very Scary.

    Mani Sriram

    3 months ago

    Moneylife has not gone into the root of problem or to put it correctly, the gap, but all the time bent upon establishing why Aadhar is bad. Let us get back to the basics - Aadhar is an authentication system and not an Identity system or a card. Here the only parameter needed is the number, for which also UIADI has a provision to generate virtual number that tags the actual Aadhar number and then self destruct after a small time interval. So the real problem is with the procedures of banks, Income tax dept or driving license authorities who treat it is identity system. Take bank for example, that requires authentication to a bank account To establish binaries and NOT be a I. For this, they do not need copy of Ashhar card or even the original Aadhar card. All they need is the Aadhar no (or virtual no) and the physical presence of the person With all his fingers intact near the authentication device. The bank would have his name, date of birth, address for account opening as a requirement. The bank should be just entering the Aadhar no. as provided orally by the authenticatee along with his finger prints. The bank system should be sending the name, address, date of birth, gender and finger prints to Aadhar system and Aadhar system is expected to return a match or mismatch and only this status flag should be recorded in bank system by Aadhar system (to avoid over zealous bank officials fudging match status data. That is all is needed. Tell me in this case, where is Aadhar no. available with bank with no copy of Aadhar, no mention of Aadhar no in application form and no record of finger prints with bank and hence any probability of leak in public domain or misuse( with only verification success or fail status). Same for ITD Or prepaid SIM, etc.. This linking of PAN and Aadhar is stupid, but in person verification is what should have been done. If Moneylife wants to be constructive in approach, they should have gone after these institutions which are too lazy and stingy to perform in person verification using Aadhar and not UIADI. But then has Moneylife understood the purpose and modalities of Aadhar?

    REPLY

    MDT

    In Reply to Mani Sriram 3 months ago

    Thanks for your comment.

    UIDAI admitted, in response to a RTI (Right to Information) query, that it does not certify the identity, address, date of birth, resident status or existence of any individual or any Aadhaar number.

    You may want to read more
    https://www.moneylife.in/article/unique-id-is-not-unique-does-not-certify-anything-says-uidai/53003.html

    GLN Prasad

    In Reply to Mani Sriram 3 months ago

    Mr.Siram is absolutely right and brutally frank in his opinion.
    .

    Ramesh Poapt

    3 months ago

    Aadhar without Aadhar!

    NANDAKUMAR M S

    3 months ago

    Not sure why MoneyLife is so negative about Aadhaar as they are almost running an agenda against it from word go. If so many problems are reported/experienced (mind you, there are almost 100+crores Aadhaar cards) then someone can file a case with all the case problems to get it vetted/modified or even halted! Also the main problem might be people not linking mobile numbers with Aadhaar as its use is messaged instantly so that any misuse could come to light. I had received many such messages after verification or any use of authentication by any institutions.

    REPLY

    MDT

    In Reply to NANDAKUMAR M S 3 months ago

    Thanks for your comment.

    There are number of petitions filed before the Supreme Court. But either there is no hearing or delay in hearing all cases related with Aadhaar.

    You may want to read more
    https://www.moneylife.in/article/aadhaar-judgement-5th-review-petition-filed-in-the-supreme-court/55987.html

    ISHWAR SATWANI

    3 months ago

    Thanks to Moneylife, I never linked my Aadhaar as per guidelines of Moneylife .
    I am aware many of my friends are duped .

    Aarmin Banaji

    3 months ago

    Much against the criticism in the many posts below, I fully endorse the view of Moneylife regarding UIDAI and the lousy Aadhaar Card.
    Well done and do keep it up.

    To paraphrase and translate what I mentioned to the Toll authorities (very much applicable to the vile card in question) when my attempt to pay for the new FastTag failed on a national highway due to net connectivity disappearing, "when the infrastructure for such grandiose schemes remains so pathetic, learn how to to wash your own bums before ramming things down the throat of the whole nation."

    Suketu Shah

    3 months ago

    My ex Chartered accountant in 2006 opened benami account in Kalbadevi of one of my family members(they alive) with original Income tax papers.

    The entire fault is there are way to many loopholes and the govt is 100% to be blamed.

    There are no bigger liars in the country that Modishah.

    Anil Kumar

    3 months ago

    Aadhar has helped India in many ways. There are problems for sure - including above. But I find when it comes to Aadhar, Moneylife view and bias is very evident, as in the first statement of this article itself "Moneylife have been warning how it can endanger lives and expose to frauds crores of citizens as well as financial institution". Instead of asking people to be careful, and UIDAI / Government to be more responsive - the impression one gets - in title and article content is always - Aadhar concept itself is bad. Media creates impression and has a responsibility. Instead of creating chaos, panic and sensationalism, we need to be constructive - This article title could well have been - "An example of How Aadhar can be misused and bring misery. So be careful." In all the above examples, the problem was not with Aadhar, it was with the phone company, banks etc which opened account, allotted Sim without in-person verfication! This basic point is totally missing from the article!

    REPLY

    MDT

    In Reply to Anil Kumar 3 months ago

    Thanks for your comment.

    According to world-known whistle-blower Edword Snowden, Aadhaar Is a Mass Surveillance Tool and There Should Be Criminal Penalty for Its Misuse (there are none, as you can see from Mr Dhapre's experience).

    Also over the years, and after helping several, we often found people getting in to a realisation mode only when it hits them.

    You may want to read more
    https://www.moneylife.in/article/aadhaar-is-a-mass-surveillance-tool-and-there-should-be-criminal-penalty-for-its-misuse-says-edward-snowden/55088.html

    Hemant

    In Reply to Anil Kumar 3 months ago

    I concur with Anil Kumar's view. ML has made it an Ego issue.

    chhaya choudhary

    In Reply to Anil Kumar 3 months ago

    Very nice response

    GLN Prasad

    In Reply to Anil Kumar 3 months ago

    Well placed response.

    Meenal Mamdani

    In Reply to Anil Kumar 3 months ago

    Yes, I agree with your assessment. Right from the word go, ML Foundation has been uncomfortable with Aadhar.
    I find it hard to understand as usually MLF has been in the forefront of change.
    One point could be that the more aggregate data the govt has on a citizen, the easier it is to track the person. That is a valid fear.
    If there are other similar concerns then MLF should voice them so the readers can engage in a constructive dialogue.

    Aditya G

    3 months ago

    Crazy!

    Delhi HC Refuses to Direct Linkage of Social Media Accounts with Aadhaar, PAN, voter ID: Report
    The Delhi High Court on Monday refused to pass a direction to the Indian government to link social media accounts with Aadhaar, permanent account number (PAN) and voter ID to weed out fake, duplicate and ghost accounts, says a report from Bar & Bench.
     
    As per the report, the Court took note of petitioner advocate Ashwini Kumar Upadhyay's claim that fake, duplicate or ghost accounts constituted 18-20% of the total number of accounts on social media. The HC also raised a concern that in order to weed out approximately 20% of accounts, all the Aadhaar, PAN, and Voter ID or other data of 80% of the accounts will go in a foreign country which will have far-ranging consequences.
     
    "Thus, if such type of direction for linkage of Aadhaar, PAN or Voter ID is ordered by the Court, there may be a situation where data of genuine account holder (who are 80% of the total) will also go in a foreign country, maybe unnecessarily…To do a small good… large account holder data will be at stake..," the division bench of Chief Justice DN Patel and Justice C Hari Shankar was quoted in the report.
     
    After hearing the petitioner-in-person, the report says, the HC opined that no writ or writ of mandamus could be issued by it in the exercise of its power under Article 226 for drafting a policy or for amending an existing act. It further stated that it could not pass any direction to Centre on how to discuss, deliberate and decide upon a Law Commission Report.
     
    "The role of courts is primarily to interpret the law as it is. We are not concerned with law as it ought to be. The primary role of law as per the theory of positivity is to interpret the law and not make law, except in exceptional circumstances, especially when there is a gap in law or it is silent..," the court said. 
     
    Earlier in October, this year, the Supreme Court refused to entertain a fresh PIL seeking linkage of Aadhaar with social media profiles.
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    Doubting correctness, SC refers Aadhaar judgement to larger bench
    The Supreme Court on Wednesday referred to a larger bench the issue of examining the validity of the passage of the Finance Act 2017 as Money Bill.
     
    A five-judge Constitution bench of the apex court has doubted the correctness of the Aadhaar judgment, stating that the Aadhaar Act could not have been passed as Money Bill.
     
    The SC bench headed by Chief Justice Ranjan Gogoi said, "The issue and question of Money Bill, as defined under Article 110(1) of the Constitution, and the certification accorded by the Speaker of the Lok Sabha in respect of Part-XIV of the Finance Act, 2017, is referred to a larger Bench." 
     
    Therefore, it is apparent now that a larger bench will look into the Aadhaar judgment.
     
    The Finance Act 2017 brought in provisions concerning the functioning of tribunals, which was challenged, as it was passed as Money Bill. The apex court on Wednesday struck down the rules formulated by the Centre on appointment and service conditions for members of various tribunals.
     
    The Centre relied on the Aadhaar judgment to strengthen its case. This led the top court examine the judgment in connection with Article 110, which defines "Money Bills".
     
    The court noted that the Attorney General has propounded that the constitutionality of the Finance Act, 2017, would be safe if its dominant provisions, which form the core of the enactment, fall within the ambit of Article 110 provisions. 
     
    "As per such interpretation, provisions ought not to be read in a piece-meal manner, and judicial review ought to be applied deferentially," the court said.
     
    The top court observed that the majority judgment in Aadhaar did not clarify and explain the scope of sub-clauses (a) to (f) to clause (1) of Article 110 of the Constitution. 
     
    "It is clear to us that the majority dictum in K.S. Puttaswamy (Aadhaar-5) did not substantially discuss the effect of the word �only' in Article 110(1) and offers little guidance on the repercussions of a finding when some of the provisions of an enactment passed as a "Money Bill" do not conform to Article 110(1)(a) to (g)," said the court.
     
    Making an observation on the concurring opinion of Justice Ashok Bhushan in the Aadhaar case, the top court said the judgment was based on the dominant purpose test
     
    "It is evident that the judgments of both Justice D.Y. Chandrachud and Justice Ashok Bhushan categorically held that the decision of the Speaker to certify a Bill as a Money Bill is not immune from judicial review," said the court.
     
    Justice Chandrachud, one of the judges on the bench, had said, "I am in agreement with the reasons which have been set out by the Chief Justice of India to refer the aspect of Money Bill to a larger bench and direct accordingly."
     
    The court observed that the Aadhaar Act veers around the government's constitutional obligation to provide for subsidies, benefits and services to individuals and other the provisions are only incidental to the main provision. Therefore, the Aadhaar Bill was rightly certified by the Speaker as a "Money Bill".
     
    The court also observed that without expressing a firm and final opinion, it has to be observed that the analysis in K.S. Puttaswamy (Aadhaar) makes its application difficult to the present case and raises a potential conflict between the judgments of coordinate benches. Therefore, the correctness of the same needs to be looked into. 
     
    "We accordingly direct that this batch of matters be placed before the Chief Justice of India, on the administrative side, for consideration by a larger bench," said the court.
     
    Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.
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    COMMENTS

    Ramu Ramaswami

    3 months ago

    The bank and the agency which gave a sim card without verifying the photo should be held liable. And the banks cannot deny opening multiple accounts as I have multiple accounts with the same PAN number.

    BR

    5 months ago

    "The court observed that the Aadhaar Act veers around the government's constitutional obligation to provide for subsidies, benefits and services to individuals and other the provisions are only incidental to the main provision. Therefore, the Aadhaar Bill was rightly certified by the Speaker as a "Money Bill". "
    Other provisions which are only incidental to the main provision must not have been ignored & added to be affected by the bill. The bill should have been discussed atleast because of these OTHER PROVISIONS.

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