Unless SC stays it, Aadhaar law will prevail: Ravi Shankar Prasad -Governance Now

Unless SC stays it, Aadhaar law will prevail: Ravi Shankar Prasad

If a parliament enacts a law and unless the court stays the operation of the law, this law will hold the field, says minister

GN Bureau | April 10, 2017

#Aadhaar #Ravi Shankar Prasad #parliament #law #supreme court

Law and IT minister Ravi Shankar Prasad on Monday said that the interim orders of the supreme court on Aadhaar delivered in 2015 are meant for an "interim arrangement" and "it is not a judgement".

Responding to the questions in the Rajya Sabha, the minister said: "Some of our congress friends want to paint Aadhaar as the biggest tragedy of the country, and I disagree with them.”

He said that when the SC gave orders -- and the dates are August 11, 2015 and October 15, 2015 –“pervading a set of subsidies to be given directly, there was no Aadhaar law then. At that point in time the biggest argument in time in the court was that there is no statutory backing and you were taking biometrics of crore of people. And yes Jairam Ramesh you were wrong then. By executive order you can’t take so many biometrics. We needed a statutory enactment.”

He added that the second argument was privacy. “Because there is no executive order, there was no mechanism available. Now Sir, day in and day out I am asked a question in both houses why are you exceeding the judiciary….We are law making body. We are a sovereign body. We govern the country. We should seek accountability. Here is a case where parliament has done a robust law Aadhaar and it is completely robust. Legally speaking the law is well settled. That the parliament can remove the lacunae which the court points out.

The minister went on to say that the Aadhaar Act carried forward the whole architecture, “how whole biometric shall be done under what conditions, under what accountability. And whole architecture is available, it’s not the ecosystem, Jairam Ramesh”.

“If that is there, there is a law, there is no stay from the SC and we are being governed by the mandate of an Aadhaar Act, 2016, passed by the parliament. I stand by the sovereignty of the parliament for law making. Now whole of Aadhaar ecosystem is governed by law.

“And my understanding of law is very clear. That an interim order is only for the purpose of interim arrangement, till the parliament steps in. It is not a judgement. It has been referred to nine bench or seven bench. May be this law also be reconsidered. But I am clear that if a parliament enacts a law and unless the court stays the operation of the law, this law will hold the field.”

Comments

Other News

Who checks the books?

I read about the news about the Coimbatore library over coffee this morning. On the face of it, the headline was about a political ‘war’ between the DMK and TVK. But what stayed with me was something much more important than the blame game behind what had transpired. A writer walking through

Development paradox: Falling poverty miracle and an inequality problem

India’s reduction in poverty over the past decade is a development achievement of considerable significance. The World Bank’s April 2026 ‘India Development Update’ estimates that the share of Indians living below the international extreme-poverty line of $3.00 per person per day i

In Arunachal, a river we call mother

In Arunachal Pradesh, the Siang is not just a river. For many of us, especially the Adi people, it is part of our family. Our grandparents fished in it. Children learned to swim in it. Our farms drink from it. When someone says a huge dam will be built on it, we do not hear the word "project".

A new retelling of the Mahabharata delves into key moments

In a time when every decision carries consequences and questions of ambition, power, loyalty, identity and moral choice continue to shape our lives, Dr. Arun Krishnan’s new book, ‘Mahakshana’ (Penguin India) offers a strikingly relevant retelling of the Mahabharata.

Cabinet approves viability gap funding to develop grid-scale energy storage systems

The Union Cabinet, chaired by PM Narendra Modi, has approved the Viability Gap Funding (VGF) Scheme for Development of Grid-Scale Energy Storage Systems, with a total financial support of Rs.14,500 crore for the period FY 2026-27 to FY 2030-31. The scheme aims to support the development o

Cabinet creates a pathway to absorb Agniveers in Defence Forces

An objective assessment in terms of organisational requirements and operational efficiency has brought out the outstanding performance of Agniveers in terms of skills, motivation levels, physical fitness and technological prowess. As envisaged earlier, based on merit, 25% of Agniveers will be offered reg