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

Mumbai hospitals shut as more and more healthcare workers test positive

Maharashtra has emerged the epicentre of the Novel Coronavirus outbreak in the country with Mumbai reporting the highest number of cases in the state. With more and more healthcare providers getting infected, hospitals are becoming the hotbeds of virus perpetuation. On Monday Wockhardt hosp

As nation lighted lamps, power grid delivered

As Indians switched off lights in homes and lighted lamps and candles Sunday night following prime minister Narendra Modi’s appeal as a gesture of solidarity in the fight against COVID-19, the power grid held up well despite the sudden drop in demand. In a short video message on Friday

3 out of 4 Covid-19 patients in 21-60 yrs age group

Contrary to the perception that the elderly are more at risk from Covid-19, in India as many as 41.88% of corona positive cases are between 21 to 40 years of age. Also, 32.82% positive cases are between 41 to 60 years, followed by 16.69% cases above the age of 60 years and 8.61% coronavirus positive cases

Why everyone should wear mask

In view of the increasing number of COVID -19 cases in the country, the ministry of health and family welfare (MoHFW) has now advised that everyone must voluntarily wear a mask and especially those living in densely populated areas.   Not just as a matter of maintaining personal hygiene

Fighting Covid-19, India has realized its collective strength: PM

In the face of the Covid-19 pandemic, people of India have realized their collective strength, prime minister Narendra Modi said in a short video message Friday morning. He also urged people to light lamps Sunday night as a gesture of this collectivity. “Today marks nine days of the na

COVID-19 demobilisation: Lessons for public governance

Demobilization, like its predecessor – demonetization, is another decision gone bad in implementation.  In both instances a careful public administrative action through its governance systems could have saved the magnitude of impact particularly on the most vulnerable sections of the society. Th



Archives

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter