AADHAAR: THE ELECTRONIC LEASH ON THE INDIAN POPULATION

Abstract

Ever since the Aadhaar scheme has come into existence, it has always been subjected to criticism and debate. The initial objective for coming up with such a project was to provide a uniform method of identification to the people of India, so as to improve national security. As the years rolled by, the government decided to attach various other benefits as well to this scheme such as, providing subsidies directly to the needy so that it would not have to pass through a chain of government authorities and in the process this would also reduce the scope of corruption. 

But as this scheme was implemented, the Indian population became live spectators of the battle between political parties that were relentlessly competing with one another to pass the Aadhar Act, so as to write it off as another achievement under their collar. In this process, a number of provisions laid down under the Constitution were violated and the legislators lost sight of the national interest of the scheme and went ahead to pursue their personal political interests. 

In this paper the Author argues that the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016 was not a Money Bill as claimed by the Lok Sabha. This paper analyses the provisions laid down in the Constitution and the arguments that were put forth by the framers of the Constitution during the Constituent Assembly Debates regarding money bills and parliamentary privileges. A number of case laws have also been looked into to ascertain whether the Courts have the power of judicial review in legislative matters and whether the Aadhaar scheme violates an individual’s right to privacy.