AADHAAR: PRIVACY SINE QUA NON OF FUNDAMENTAL RIGHTS

Abstract

Aadhaar has become a matter of contention between the state and bevy of legal experts questioning its constitutionality and validity vis-à-vis ‘right to privacy’. In order to establish Aadhaar as anti-privacy or pro privacy scheme and declare it as valid or ultra vires, we need to understand the nature of ‘right to privacy’ and also the architecture, composition and execution of Aadhaar scheme. This very essay would trace the importance and the fundamental nature of right to privacy since its nascent state to the recent Supreme Court privacy judgment of 24th august 2017. It will also draw many parallels of ‘right to privacy’ in Canada, United Kingdom, United States and will also look for viability of Aadhaar in Indian legal framework via various cases and contemporary constitutional reasoning. In order to have a fair analysis, both sides of the coin need to be scrutinized that is both boon and bane of Aadhaar will be thoroughly examined. Finally Aadhaar comes out to be pro ‘social benefit distribution’ scheme but anti ‘right to privacy’ which required proper modification and changes in order to circumscribe it within all legal and constitutional provisions of Indian jurisprudence.