Sunday, March 6, 2011

223 - Making Unconstitutional UIDAI Constitutional - Techno Legal News

Posted on 24th September 2010
by Catherine Fernandes

UIDAI is an acronym for unique identification authority of India but like techno legal civil liberty expert Praveen Dalal says it is more appropriate to call it unconstitutional identification authority of India. UIDAI is managed by Nandan Nilekani who is responsible for the successful implementation of Aadhar project of India or UID project of India.

According to Praveen Dalal both Aadhar project and UDIAI are unconstitutional project and authority. This is so even after the formulation of National Identification Authority of India Bill 2010 (NIDAI Bill 2010) by the UIDAI. In fact he has provided his inputs regarding the factors that make the UIDAI and Aadhar project illegal and unconstitutional.

Now the Union Cabinet is considering the NIDAI Bill 2010 and media reports believe that the Cabinet would give its formal approval to the Bill.

Aadhar project and UIDAI are unconstitutional and illegal even after the fa├žade of NIDAI Bill 2010. According to Praveen Dalal “Human Rights in Indian cyberspace have already been outlawed by projects like Aadhar, Natgrid, CCTNS, etc. This is because these unconstitutional and illegal projects are neither supported by any legal framework nor are under the parliamentary scrutiny”.

It would be a mockery of constitution of India if the Union Cabinet approves the NIDAI Bill 2010 without and real and effective debate. The approval of NIDAI Bill 2010 should not be taken lightly especially if the same has far reaching consequences for privacy rights and civil liberties in India.