Aadhaar presupposes privacy is fundamental right: Jaitley

“Parliament cannot abrogate its job of legislating if apex court is hearing a petition”

GN Bureau | March 16, 2016


#Aadhaar   #UIDAI   #arun jaitley   #parliament   #law   #supreme court   #privacy   #fundamental rights  


Right to privacy is one of the hotly debated issues when the matter of Aadhaar comes up. On Wednesday, initiating a discussion in the Rajya Sabha on the Aadhaar bill, finance minister Arun Jaitley said this legislation presumes the right to privacy is a fundamental right.

 
That is quite a conclusive statement from the government, though it was immediately followed by fine print which would dilute it a lot. Jaitley added that the right to privacy is part of Article 21 of the constitution – the right to life and liberty. However, as the right to life and liberty is not unrestricted, and is subject to law, the question, according to Jaitley, is only if the restrictions applied on this right to privacy in this legislation are just and fair.
 
He said the new bill had improved upon the UPA version and had stringent provisions to protect privacy, as it makes mandatory to have a committee’s ok for sharing a person’s biometrics and that decision can be reviewed by a committee headed by the cabinet secretary, and this sharing will be done only for one purpose – national security.
 
“Individual right has to give way to national security,” he said. He, however, did not respond to the argument that “national security” is a term undefined and open to interpretation or even misuse.
 
Meanwhile, Jaitley also defended the move to legislate on privacy when the supreme court is seized of the matter. He insisted that parliament cannot abrogate its power to legislate just because the court is hearing a petition on this matter.
 
 

Comments

 

Other News

Kodnani’s acquittal raises doubts about criminal justice system

 Maya Kodnani, a BJP leader who was the MLA from Naroda when this locality on the outskirts of Ahmedabad witnessed one of the most gruesome episodes during the Gujarat riots of 2002, was acquitted by the Gujarat High Court on Friday. Her acquittal in the Naroda Patiya massacre case is only a sequel to

BMC took nearly 48 days in resolving one complaint

The number of civic complaints with BMC has increased from 61,910 in 2015 to 92,329 in 2017, which is 49% in two years. A report titled ‘Civic Issues Registered by Citizens and Deliberations done by Municipal Councillors in Mumbai’ released by Praja Foundation has found some interesting facts a

Who is Atishi Marlena?

Atishi Marlena is among the nine AAP functionaries who were dismissed by the union home ministry asserting that their posts were created without the approval of the centre. Marlena, served as education advisor of the Aam Aadmi Party (AAP)-led government in Delhi. While she was intrumental in improving the

Leadership? Learn it from Jaising, Ambani, Doshi

The Fortune magazine has named three Indians – lawyer Indira Jaising, industrialist Mukesh Ambani and architect Balkrishna V Doshi – among the world’s greatest fifty leaders.

Energy as the new value system for redesigning daily life

Remember Kardashev scale? For the uninitiated, it’s a method of measuring a civilization’s level of technological advancement, based on the amount of energy it is able to use for communication. We will get to its unconventional relevance to the big urban questions at the end, but just keep it a

48 MLAs, MPs have declared cases of crime against women

Out of 1580 MPs and MLAs with criminal cases, 48 (three MPs and 45 MLAs) have declared cases related to crime against women. The Association for Democratic Reforms (ADR) and

Current Issue

Current Issue

Video

CM Nitish’s convoy attacked in Buxar

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter