Justice DY Chandrachud on Wednesday delivered a historic dissenting verdict on the constitutionality of Aadhaar calling the central government’s decision to pass the Aadhaar Act as money an act of fraud.
He said, “The passing of Aadhaar Act as money bill is a fraud on the constitution.” He further observed in his dissenting judgement, “If a constitution has to survive political aggrandizement, notions of power and authority must give compliance to rule of law.”
Justice Chandrachud then observed that Aadhaar allowed constructing profiles of individuals, which, he added, was against the right to privacy since it enabled potential surveillance.
Justice Chandrachud instantly earned plaudits from Twitter users, who praised the Supreme Court judge for his brave verdict. Journalist Barkha Dutt tweeted, “Justice Chandrachud is the New Cool.”
Journalisr Saikat Dutta wrote, “Remember the dissenting opinion of Justice DY Chandrachud. Years later, when we are gone, the country will cite it some day to regain its lost freedoms.” Journalist Stuti Misra wrote, “Sometimes dissent is more important than the majority opinion. Justice Chandrachud is awesome.”
Activist Tehseen Poonawalla tweeted, “Justice Chandrachud basting the speaker of the LokSabha . Says power cannot be unbridled !!! He says role of Rajya Sabha cannot be limited . He says #Aadhaar Cannot be regarded as a money bill.”
In its landmark judgement, the five-judge Supreme Court bench on Wednesday had ruled that the aadhaar or much talked about unique identification number is not mandatory for opening banks accounts.
The Unique Identity Number is a 12-digit personal identification number issued by the Unique Identification Authority of India. The top court said that the intention of the Aadhaar project was for the benefit of the common Indian citizen in the form of welfare schemes and that it could not be made compulsory for services such as bank accounts, mobile connections or school admissions.
The verdict was announced by a five-judge bench comprising Chief Justice Dipak Misra, Justice A.K. Sikri, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud and Justice Ashok Bhushan.