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

Credit card spending growth declines on RBI gaze, stress build-up

  Credit card spends have further slowed down to 16.6 per cent in the current financial year (FY25), following the Reserve Bank of India’s tightening of unsecured lending norms and rising delinquencies, and increased stress in the portfolio.Typically, during the festival season (September–December), credit card spends peak as several credit card-issuing banks offer discounts and cashbacks on e-commerce and other platforms. This is a reversal of trend in the past three financial years stretching to FY21 due to RBI’s restrictions.In the previous financial year (FY24), credit card spends rose by 27.8 per cent, but were low compared to FY23 which surged by 47.5 per cent. In FY22, the spending increased 54.1 per cent, according to data compiled by Macquarie Research.ICICI Bank recorded 4.4 per cent gross credit losses in its FY24 credit card portfolio as against 3.2 per cent year-on-year. SBI Cards’ credit losses in the segment stood at 7.4 per cent in FY24 and 6.2 per cent in FY23, the...

SFBs should be vigilant, proactive to mitigate risks: RBI deputy guv

  The Reserve Bank of India’s Deputy Governor Swaminathan J on Friday instructed the directors of small finance banks (SFBs) to be vigilant and proactive in identifying emerging risks in the sector.Speaking at a conference for directors on the boards of SFBs, Swaminathan highlighted the role of governance in guiding SFBs towards sustainable growth with stability. He also emphasised the importance of sustainable business models.Additionally, he highlighted the need for strengthening cybersecurity to protect the entities against digital threats and urged for a stronger focus on financial inclusion, customer service, and grievance redressal to ensure a broader reach of banking services.Executive Directors S C Murmu, Rohit Jain, and R L K Rao, along with other senior officials representing the Supervision, Regulation, and Enforcement Departments of the RBI, also participated in the conference.   -  Business Standard  30 th  September, 2024

Brigade Hotel Ventures files draft papers with Sebi for Rs 900 crore IPO

  Brigade Hotel Ventures Ltd, owner and developer of hotels in South India, has filed draft papers with capital markets regulator Sebi to raise Rs 900 crore through an initial public offering (IPO).The proposed IPO is entirely a fresh issue of equity shares with no Offer-for-Sale (OFS) component, according to the draft red herring prospectus (DRHP).Proceeds from the issue to the tune of Rs 481 crore will go towards payment of debt, Rs 412 crore will be allocated to the company and Rs 69 crore to its material subsidiary, SRP Prosperita Hotel Ventures Ltd.Additionally, Rs 107.52 crore will be used to purchase an undivided share of land from the Promoter, BEL, and the remaining funds will support acquisitions, other strategic initiatives, and general corporate purposes.The company may raise up to Rs 180 crore through a Pre-IPO Placement.   If the placement is undertaken, the issue size will be reduced.Brigade Hotel Ventures Ltd is a wholly-owned subsidiary of Brigade Enterprises ...