Category: Aadhaar

Shyam Divan: Aadhaar is purely Voluntary

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Today’s update from constitutional challenge to linking Aadhaar and PAN from the Supreme Court Arghya Sengupta started with two broad arguments for the Union of India and UIDAI. (1) That proportionality could not be read into Article 14, and (2) The idea of informational self-determination was equivalent to privacy and privacy was referred to a …

Aadhaar’s “Compelled free consent” is a contradiction in terms.

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Press release for Aadhaar – PAN linkage constitutional challenge hearing in the Supreme Court on Friday. Today’s arguments began with the idea of ‘informational self determination”. Informational self-determination was developed by the German Federal Constitutional Court which articulated it as: “the authority of the individual to decide himself, on the basis of the idea of …