Supreme Court of India on Tuesday resumed the hearing of plea challenging the constitutional validity of the Aadhaar scheme. Senior advocate Kapil Sibal started the arguments with the identity taken by face, iris, and fingerprints.
He further informed the apex court about the foreign situations in which the government took all the information only for 10 years.
Kapil Sibal recited right to privacy judgment and laid down two points
1 My identity cannot be made a public identity
2 My identity is not centralized
He stated,”How can only on the basis of Aadhar our passport, medical facilities etc can be rejected, the state cannot choose how to prove our citizenship.”
Adding that our fundamental identity is that we are the citizen of India, Sibal claimed,”Identity can be established only by way of authentication,
such power is an infringement of article 19(1),20.”
Sibal told proof of identity through Aadhar is most restrive way so it is violative of the principle of proportionality.
He also said,”If Aadhar is made mandatory such a wide power will be given to the state in respect of when and where an individual will choose to travel, open account, live, go etc.”
Proof of identity as a citizen is my choice, not the state so why such unreasonable procedure should be adopted, submits Senior Counsel Kapil Sibal
With Inputs from legal India