SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2017 Supreme(SC) 1191

DIPAK MISRA, A. K. SIKRI, A. M. KHANWILKAR, D. Y. CHANDRACHUD, ASHOK BHUSHAN
JUSTICE K. S. PUTTASWAMY (RETD. ) – Appellant
Versus
UNION OF INDIA – Respondent


Judgement Key Points

The provided legal document indicates that the court recognizes the importance of protecting individual privacy rights in the context of Aadhaar and related data collection processes. The court emphasizes that the interim orders were designed to prevent coercion and safeguard citizens' fundamental rights, suggesting an underlying concern for privacy. The court also notes that the Aadhaar scheme was initially intended to be voluntary and that any mandatory use of Aadhaar details should be justified within a legislative framework, which underscores the importance of privacy considerations (!) (!) (!) .

Furthermore, the court acknowledged the need for clarity and careful consideration of the legal and constitutional issues surrounding privacy, especially in light of the enactment of the Aadhaar Act, 2016. The extension of deadlines and the temporary arrangements indicate a cautious approach, ensuring that privacy rights are not compromised prematurely or without adequate legal safeguards (!) (!) (!) (!) (!) (!) (!) (!) (!) .

Overall, the court's stance reflects a recognition that privacy is a fundamental concern that must be balanced against the state's interests in implementing Aadhaar, and any mandatory use or data collection must be supported by appropriate legal provisions and safeguards.


ORDER

Dr D.Y. CHANDRACHUD, J.

1. We have heard submissions on interim relief. The prayer for interim relief at this stage is essentially based on the earlier orders of this Court dated 23 September 2013, 24 March 2014, 16 March 2015, 11 August 2015 and 15 October 2015. The interim directions dated 15 October 2015 were issued by a Constitution Bench. The primary submission of the petitioners is that in terms of the interim order of the Constitution Bench: (i) Aadhaar Cards could permissibly be utilized only for six schemes (two of them provided for in the order dated 11 August 2015 and four in the order dated 15 October 2015); (ii) the Union Government was directed to strictly follow the earlier orders of this Court commencing from 23 September 2013; and (iii) the Aadhaar card scheme was to be purely voluntary and could not be made mandatory until the matter is finally decided by this Court.

2. Mr. Shyam Divan, learned senior counsel urged that since the interim order dated 15 March 2015 governs the field it was the obligation of the Union government to seek a variation of the interim directions after the enactment of the Aadhaar (Targeted Delivery of Financial and Other Subsidies,


















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top