Skip to main content

RS amendments to Aadhaar Bill had lacunae FM

Justifying Lok Sabha's rejecting the amendments made by the Upper house to the Aadhaar Bill, Finance Minister Arun Jaitley on Friday said adoption of changes would have pushed the legislation, aimed at streamlining the payment of benefits, into realms of unconstitutionality.
Acceptance of the amendments would have led to much wider encroachment of the Right of Privacy and an auditor or an anti-corruption authority overseeing issues of national security, he said.
“These lacunae would have pushed the Aadhaar law to the realm of unconstitutionality. Obviously, the Lok Sabha did not agree with the above suggestions, and in my view, rightly so,” he said in a Facebook post.
The Lok Sabha on the last of the first half of Budget session on Wednesday waited for Rajya Sabha to decide on the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016, and then swiftly rejected the amendments made to the legislation. The amendments to be bill in Rajya Sabha, where the ruling NDA does not have majority, were moved by Congress members including Jairam Ramesh.
Jaitley said the legislation, aimed at better targeting of subsidies and benefits through use of unique identification number, contains stringent provisions both substantially and procedurally to protect privacy.
While National Security is the only ground on which a Competent Authority can share core bio-metric information contained in Aadhaar, amendments wanted the condition to be replaced with "vague" and "elastic" Public Emergency or in the interest of public safety.
"It is also not clear as to how Aadhaar information would have been used in dealing with situations of public emergency or public safety," he said.
Jaitley said adoption of the amendment "would have provided a scope much wider for encroaching upon privacy than the words 'National Security' which existed in both the 2010 (law moved by the UPA) and 2016 law, and would have potentially become the grounds for constitutional challenge at a later date."
Jaitley said the Congress, using its superior numbers in the Rajya Sabha, forced an amendment to replace the words 'National Security' with the words "Public Emergency or in the interest of public safety". None of these two phrases are well defined. They are vague and can be elastic.
"It is also not clear as to how Aadhaar information would have been used in dealing with situations of public emergency or public safety," he said.
Jaitley added that there had been an extensive public debate on the need for the Unique Identity Number for each resident and the desirability of not compromising with the Right to Privacy.
"The 2010 Bill drafted by the UPA had provisions in chapter VI which led to this debate. The Bill provided for sharing of identity information with the consent of the Aadhaar number holder, or by an order of any court, or a Competent Authority, disclosing the information on the grounds of 'National Security'. The draft Bill was criticised for making provisions which could compromise an individual's Right to Privacy," he said.
Stating that privacy is an essential aspect of personal liberty guaranteed by Article 21 of the Constitution, he said the denial of privacy must be based on procedure which should be fair, just and reasonable.
"The 2016 law, therefore, contained stringent provisions both substantially and procedurally with regard to the Right of Privacy," he said.
The core bio-metric information cannot be shared with any person even with the consent of the Aadhaar card holder.
Also, the information cannot be unlawfully shared and instead of permitting any court to direct production of any such information, only a Court of the District Judge or above has been given the power to order disclosure of information excluding core biometrics.
"National Security is the only ground on which a Competent Authority can share this information," he said adding such decisions would be reviewed by a Committee comprising of the Cabinet Secretary, the Law Secretary and the Secretary, Information Technology before it is given effect.
The period of the direction of this Competent Authority has been limited to a maximum of three months.
The Finance Minister said the ground of National Security as the only ground on which the Competent Authority can share information is common to both the 2010 and 2016 laws.
"National Security is a well defined concept. The phrase exists in several legislations and also finds indirect reference in the Constitution in Article 19(2)," he said.
Stating that National security has always been held to be an exception on account of larger public interest, wherein individual's rights give way to larger public interest, he said the same principle is followed in most advanced liberal democracies.
Business Standard, New Delhi, 19th March 2016

Comments

Popular posts from this blog

Govt’s gamble on GST cuts: What do the bond and currency markets signal?

  It’s not just humans who suffer from cognitive biases; markets do too. Interestingly, different financial markets exhibit distinct biases, each interpreting events through its own prism of prejudice. Take the recent announcements on GST reforms: equity markets have chosen to view them through the lens of growth, while bond and currency markets are focusing on potential macroeconomic risks—fiscal pressures and current account challenges. So, which lens captures the true pulse?Equity markets may be right in expecting GST reforms to revive consumption, which has remained lacklustre for a while. But the key question remains—will this revival come at the cost of broader macro stability?It is well known that consumption stocks have rallied since the GST rationalisation announcement. But what about bond markets? What signals are they sending since this rejig was announced from the ramparts of the Red Fort?The signs aren't encouraging. Bond prices have slumped and yields have surged sinc...

Luxury carmakers urge clarity on GST rates to boost festive season sales

  A clear picture regarding new GST rates at the earliest will help the overall auto industry, including the luxury car segment, to regain momentum in the ongoing quarter, which generally sees enhanced sales on account of the festive season.The high-powered GST Council, chaired by Finance Minister Nirmala Sitharaman, will meet on September 3-4 to discuss moving to a two-slab taxation.In an interaction with PTI, BMW Group India President and CEO Hardeep Singh Brar said the recent speculation about the change in GST rates has caused uncertainty in the minds of consumers.Consumer interest and demand is strong, but they (prospective buyers) have adopted a wait-and-watch approach, and this delayed decision-making is impacting new vehicle sales at a certain level, he noted."Expediting clarity on GST rates is essential to get back to speed and ensure the auto sector's contribution to economic growth during this quarter is robust," Brar stated.He also hoped that the sustainable p...

Sebi proposes tighter norms for green bond third-party reviewers

  Sebi on Friday said it has proposed to tighten the norms to appoint independent third-party reviewers or certifiers for green debt securities to align them with requirements for other ESG-linked bonds.In a draft circular, Sebi said that the current norms for green bonds, introduced in February 2023, lack detailed requirements around reviewer independence, conflict of interest mitigation, and disclosure standards that are now in place for other ESG-linked securities under a June 2025 circular.The regulator's latest proposal seeks public comments on a revised framework that would bring parity by incorporating comprehensive criteria for third-party certifiers of green bonds on non-convertible securities.Under the proposed norms, issuers of green debt securities will need to appoint reviewers who are independent of their management, directors, and key managerial personnel. These reviewers will be remunerated in a way that prevents any conflicts of interest and possess relevant expert...