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SUPREME COURT : CLAUSE VALIDATING BIOMETRIC ENROLLMENTS PRE-2016 IN AADHAAR ACT BADLY DRAFTED

Chief Justice of India Dipak Misra, who is heading a bench of five judges hearing a batch of petitions challenging the legality of Aadhaar, has declared during the final hearing of the matter on 10.04.2018, that Section 59 is badly drafted since it validates all biometric enrolments made even before the statute was enacted, with retrospective effect.

The Aadhaar Act came into effect only in 2016, though the Government started enrolling people under its Aadhaar scheme in the initial phase in 2010. As per Section 59 of the Act, anything done or any action taken by the Department of Electronics and Information Technology under the Cabinet Secretariat Notification dated 12.09.15, shall be deemed to be valid. In this way, the section confers validity upon all pre-2016 cases where biometrics were collected without the backing of any law.