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LATEST NEWS UPDATES | Aadhaar let down: SC observations on UID may be unwarranted, but a flippant government approach hasn't helped

Aadhaar let down: SC observations on UID may be unwarranted, but a flippant government approach hasn't helped

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published Published on Sep 25, 2013   modified Modified on Sep 25, 2013
-The Times of India


Aadhaar, the 12-digit unique identification number issued to individuals, is an ambitious attempt to marry advances in technology to governance. If Aadhaar works, the state's capacity to deliver public services efficiently will increase significantly. Today, however, its efficacy stands undermined on account of the flippant attitude of the Centre and the Supreme Court's decision to venture into an area that is best left to the government.

A Supreme Court bench has asked the government to verify if an Aadhaar applicant is a citizen before the card is issued. This is an area best left to the executive. Aadhaar was always conceived as proof of identity, not citizenship. However, it is unlikely things would have come to such a pass if the Centre had provided a robust legislative foundation to establish the Unique Identification Authority of India, which carries out the Aadhaar project. It is almost five years since UID was notified in January 2009 by the previous government. To this day, the Centre has been unable to articulate a clear vision of what it wants to do in the form of sound legislation.

An attempt to provide a legislative framework for UID in December 2010 ended disastrously, with the relevant parliamentary committee asking the government to reconsider the bill and bring in fresh legislation. UID has been underpinned by the government's risky interpretation of the executive's power. The essence of the interpretation has been that the government is not debarred from exercising executive powers in areas which are not regulated by specific regulations. However, if almost five years after UID was notified, there is no legislation to give it statutory status, it suggests an absence of clarity.

This has shown up in unseemly sparring between different arms of the government on the issue. Despite being aware of the pitfall the government could not reconcile internal differences in time, which has led to bickering over the role of UID in relation to the database created under the National Population Register. A dysfunctional government opens the door to overreach by other institutions of the state. The interplay of both has come in the way of implementation of a visionary initiative, which could otherwise have been utilized to disburse welfare benefits efficiently to the poor.


The Times of India, 25 September, 2013, http://timesofindia.indiatimes.com/home/opinion/edit-page/Aadhaar-let-down-SC-observations-on-UID-may-be-unwarranted-but-a-flippant-government-approach-hasnt-he


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