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The Supreme Court on Tuesday said that the provision of Aadhaar Act that seeks to validate the data collected from 2009 to 2016 when the statute was enacted was “badly drafted” and it could not be read to mean waiving of fundamental rights of the people. We can’t hold that the fundamental rights can be waived or compromised” by stretching the deemed consent to that extent.
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Mehta asserted that by linking Aadhaar with PAN helped in curbing the tax evasion, prevention, accumulation and circulation of black money and money laundering including preventing terror financing – which he described as legitimate state interest.
The top court’s nine judge constitution bench had on August 24, 2017 while holding that right to privacy was fundamental, which is a intrinsic and core feature of life and personal liberty, had said that yet state can for legitimate reasons such as protecting national security, preventing and investigating crime could collect and store data about people.
“Apart from national security, the state may have justifiable reasons for the collection and storage of data”, the majority judgment by Justice Chandrachud had said: “In a social welfare state, the government embarks upon programmes which provide benefits to impoverished and marginalised sections of society.” He had however calling for a robust data protection regime, which “requires a careful and sensitive balance between individual interests and legitimate concerns of the state”.
WHEREAS doubts have arisen regarding the validity of wakfs created by persons professing the Mussalman, faith in favour of themselves, their families, children and descendants and ultimately for the benefit of the poor or for other religious, pious or chari¬table purposes ; and whereas it is expedient to remove such doubts ; It is hereby enacted as follows : — 1. — (1) This Act may be called the Mussalman Wakf Valid¬ating Act, 1913. Provided that nothing herein contained shall be deemed in any way to affect any right, title, obligation or liability already acquired, accrued or incurred before the twenty-fifth day of July, 1930. (2) ” Hanafi Muslim ” means a follower of the Muslim, faith who conforms to the tenets and doctrines of the Hanafi school of Muslim law. Wakfs not to be invalid by reason of remoteness of benefit to poor, etc. Nothing in this Act shall affect any custom or usage whether local or prevalent among Muslims of any particular class or sect.
No such wakf shall be deemed to be invalid merely because the benefit reserved therein for the poor or other reli¬gious, pious or charitable purpose of a permanent nature is postponed until after the extinction of the family, children or descendants of the person creating the wakf.
The constitution bench is hearing a batch of petitions by former Karnataka High Court Judge K. Puttuswamy, Magsaysay awardee Shanta Sinha, feminist researcher Kalyani Sen Menon, social activist Aruna Roy, Nikhil De, Nachiket Udupa and others challenging the constitutional validity of the Aadhaar scheme on the touchstone of the fundamental right to privacy.