Skip to main content

Aadhaar sold as panacea for all ills – black money, terrorism, leakage etc. like herbal medicine: Advocate Datar

By Our Representative
Senior advocate Arvind Datar, in his strong rebuttal to the plan to link aadhaar with Permanent Account Number (PAN) by the Government of India, has argued in the Supreme Court that the earlier orders of the apex court that aadhaar cannot be made mandatory “continue to hold weight.”
“The Union and all states were before the court when these orders were passed. The Attorney General (AG) had even given an undertaking to the Court stating that aadhaar would be voluntary”, Datar said.
Datar appeared before the court to represent CPI leader Binoy Viswam.
When Justice AK Sikri said that the Aadhaar Act would shave to be tested for its basis, Datar said, he “agreed” that this was a new kind of case, placed before the court for the first time.
And when Justice Ashok Bhushan said that the “scheme has now become an Act", Datar explained that when the Supreme Court had given its orders, Parliament could only overrule judicial orders in a manner known to law – that is, by taking away their basis.
A Supreme Court directive or judgment is sacrosanct, unless set aside by a process known to law, Datar said, adding, there was a clear collision between the Aadhaar Act and the Income Tax Act, and "if both Acts are allowed to stand the results would be absurd."
Datar added, the government had failed to show how the stated objective of curtailing black money is possible by linking aadhaar and PAN.
On the AG’s argument that aadhaar was needed to fight black money and terrorism, Datar said, "Anybody with any common sense would ask, how will aadhaar check black money? Aadhaar was sold as a panacea for all ills – black money, terrorism, leakage etc. like herbal medicine", but, he noted, "Aadhaar is like having built a bridge and looking for a river. It is hunting for problems to make itself relevant."
On the AG’s argument on Foreign Account Tax Compliant Act (FATCA), Datar said that nothing in FATCA created a requirement for aadhaar.
When interrupted by government counsel Arghya Sengupta, who said "the problem is that if we give the US duplicate PANs, it becomes an embarrassment", Datar responded, this had nothing to do with the stated objective of 139AA.
The Finance Bill’s Section 139AA says, “Every person who is eligible to obtain aadhaar number shall, on or after the 1st day of July 2017, quote aadhaar number in the application form for allotment of permanent account number” and in “in the return of income”.
Datar said, only 0.04% of PAN cards were duplicates. He asked whether the government had done any study before introducing 139AA. He said "for 0.4% duplicates, 99.6% must seed their Aadhaar with PAN. Is that reasonable restriction under Article 19(6)?"
He argued, without a PAN card, people's economic lives would come to a standstill, and that interests (the ability to do business versus duplicate PAN cards) had to be balanced.
Datar said, the government was slowly attempting to make aadhaar mandatory, though it claimed it was voluntary. This was a case of extreme and far-reaching consequences. He added, "The AG says, 99% have got it. What's your problem? That argument is the death knell of individual rights and democracy."
Supported by Salman Khurshid, Datar submitted that the Court must strike down 139AA or read it down and in case the court decides to refer the case it should stay 139AA. The judgment has been reserved and no date has been given yet for the orders of the court.

Comments

TRENDING

'Enough evidence' in Indian tradition to support legal basis for same-sex marriage

By Iyce Malhotra, Joseph Mathai, Sandeep Chachra*  The ongoing hearing in the Supreme Court on same-sex marriage provides space for much-needed conversations on issues that have hitherto remained “invisible” or engaged with patriarchal locker room humour. We must recognize that people with diverse sexualities and complex gender identities have faced discrimination, stigma and decades of oppression. Their issues have mainly remained buried in dominant social discourse, and many view them with deep insecurities.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Victim of communal violence, Christians in Manipur want Church leadership to speak up

By Fr Cedric Prakash SJ*  The first eleven days of May 2023 have, in many ways, been a defining period of Indian history! Plenty has happened in a rapid-fire stream of events. Ironically, each one of them are indicators of how crimes and the criminalisation of society has become the ‘new norm’; these include, the May Day rallies with a focus on the four labour codes which are patently against the rights of workers; the U S Commission on International Religious Freedom (USCIRF) released its Annual Report on 1 May stating that conditions for religious freedom in India “continued to worsen in 2022”; the continued protest by the Indian women wrestlers at Jantar Mantar for the expulsion of the chief of the Indian Wrestlers Federation on very serious allegations; the Elections in Karnataka on 10 May (with communalism and corruption as the mainstay); the release of the fake, derogative and insensitive film ‘The Kerala Story’; the release of World Free Press Index on 3 May which places India

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Unlike other revolutionaries, Hindutva icon wrote 5 mercy petitions to British masters

By Shamsul Islam*  The Hindutva icon VD Savarkar of the RSS-BJP rulers of India submitted not one, two,or three but five mercy petitions to the British masters! Savarkarites argue: “There are no evidences to prove that Savarkar collaborated with the British for his release from jail. In fact, his appeal for release was a ruse. He was well aware of the political developments outside and wanted to be part of it. So he kept requesting for his release. But the British authorities did not trust him a bit” (YD Phadke, ‘A complex Hero’, "The Indian Expres"s, August 31, 2004)

Polygamy in India "down" in 45 yrs: Muslims' from 5.7 to 2.55%, Hindus' 5.8 to 1.77%, "common" in SCs, STs

By Rajiv Shah Amidst All India Muslim Personal Law Board (AIMPLB) justifying polygamy, saying it “meets social and moral needs and the provision for it stems from concern and sympathy for women”, facts suggest the the practice is down from 5.7 per cent of Muslim families in 1961 to 2.55 per cent in 2006.

India joining US sponsored trade pillar to hurt Indian farmers, 'promote' GM seeds, food

Counterview Desk  As many as 32 civil society organisations (CSOs), in a letter to Union Commerce Minister Piyush Goyal on the Indo-Pacific Economic Framework (IPEF) and India joining the trade pillar, have said that its provisions will allow the US to ensure a more favourable regulatory regime “for enhancing its exports of genetically modified (GM) seeds and GM food”, underlining, it will “significantly hurt the livelihoods of Indian farmers.”

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

Modi govt 'wholly untrustworthy' on Covid data, censored criticism on pandemic: Lancet

By Rajiv Shah*   One of the world’s most prestigious health journals, brought out from England, has sharply criticised the Narendra Modi government for being “wholly untrustworthy on Covid-19 health data”, stating, the “official government figures place deaths at more than 530 000, while WHO excess death estimates for 2020 and 2021 are near 4·7 million.”

Savarkar 'opposed' Bhagat Singh's, Netaji's dream of India, supported British war efforts

By Shamsul Islam* In a shocking development, the student wing of the RSS put the busts of martyrs Bhagat Singh and Subhash Chandra Bose with Savarkar's on one pedestal at the University of Delhi late in the night on August 20, 2019. Bhagat Singh sacrificed his life for a socialist-democratic-secular republic and Netaji raised Azad Hind Fauj (INA) consisting of people of all religions and regions for armed liberation of India.