Aadhaar misuse not a ground to strike down law: Supreme Court

New Delhi: Mere possibility of misuse of Aadhaar can’t be a reason to strike down a law, the Supreme Court orally observed on Tue-sday.

A five-judge Constitut-ion bench of Chief Justice Dipak Misra and Justices A.K. Sikri, A.M. Kanwilkar, D.Y. Chandrachud and Ashok Bhushan is hearing arguments in the Aadhaar case for the eight day.

On Tuesday senior counsel Kapil Sibal said the Aadhaar programme, which is misused, has serious consequences for this country, as it would affect future generations. He said this is a matter of great moment in the history of the Supreme Court, which will decide a matter of far reaching consequences. He said “if your Lordships uphold the law, for every child born Aadhaar will be taken and this will be used even after the child becomes an adult.   

Justice Chandrachud intervened and told Mr. Sibal “there are a long line of judgments of this court that mere possibility of misuse of a law will not lead to striking down a legislation, unless you are able to demonstrate that Aadhaar law is a colourable legislation. The power of misuse is no ground to declare a law unconstitutional. You must understand that striking down a law is a problem for us. Mr. Sibal asserted that this court must treat Aadhaar law as an exception to the various rulings of the top court because misuse or abuse exists and it is happening everybody.

Justice Chandrachud said, “In the absence of technologically assured safe environment what level of risk is acceptable and what level of risk is not acceptable.

“How can this court determine?  Do you mean to say that law itself should provide for the level of risk?”

Justice Chandrachud pointed out that Section 7 of the Aadhaar Act clearly specifies the purposes for which Aadhaar has to be used. But Mr. Sibal said Section 57 of the Act says “other services” which would mean Aadhaar can be obtained for a host of services for bank accounts, mobile phones etc.