TheIndian EXPRESS LATE CITY, 24 PAGES, MUMBAI, `5.00 ● THURSDAY, SEPTEMBER 27, 2018 ● WWW.INDIANEXPRESS.COM ● REG.NO. MCS/067/2018 - 20 RNI REGN. NO. 1543/57 DAILY FROM: AHMEDABAD, CHANDIGARH, DELHI, JAIPUR, KOLKATA, LUCKNOW, MUMBAI, NAGPUR, PUNE, VADODARA CONSTITUTION BENCH UPHOLDS AADHAAR LAW 4-1, WANTS STRONG FIREWALLS Supreme Court gives Aadhaar some privacy Fair balance between privacy and right to life: CJI bench BUSINESS AS USUAL BY UNNY ANANTHAKRISHNAN G NEW DELHI, SEPTEMBER 26 INAlandmarkmajorityrulingon the world’s largest biometric identity project, the Supreme Court Wednesday upheld the Constitutional validity of the Aadhaar Act on the ground that it “struck a fair balance between the right of privacy of the individual with right to life of the sameindividualasabeneficiary” but ring-fenced the law from possible misuse by the State and private entities. Whileitupheldthelinkingof the permanent account number (PAN) to the unique Aadhaar number and the notifications allowing people to avail subsidies and benefits provided by the government, a five-judge Constitution Bench, in a 4-1 verdict on several petitions, struck down the requirement of linking Aadhaar to bank accounts and mobile phone numbers, and on its insistence for pension and school admissions. It expressed the hope that the government “shall not unduly expand the scope of ‘subsidies, services and benefits’ thereby widening the net of Aadhaar, where it is not permitted otherwise”. CONTINUED ON PAGE 2 NEED IT FOR TAX BUT NOT FOR... ■ Pension ■ Admission to schools ■ Examinations by CBSE, NEET, JEE and UGC ■ Mutual Funds ■ Insurance companies ■ Payment banks like PayTM, Airtel Payments Bank PAGE 8 ● BJP READY FOR PRE-POLL ALLIANCE WITH SHIV SENA Private firms (banks and phones) can’t ask for Aadhaar linking Govt thumbs up but fingers crossed in tech space KRISHN KAUSHIK Shaping digital destiny NEW DELHI, SEPTEMBER 26 IN UPHOLDING the Constitutional validity of the Aadhaar programme in a 4-1 ruling, a Constitution Bench of the Supreme Court also limited the scope of the biometric project, particularly on sharing data with private entities and ruled that Aadhaar was no longer mandatory for bank accounts, mobile connections, pension or school admissions. Aadhaar verdict will cleanse system of fakes and duplicates, ensure services reach intended beneficiaries. THEIDEASPAGE 13 The majority verdict by Chief Justice Dipak Misra and Justices A K Sikri, who wrote the major- CONTINUED ON PAGE 2 Fraud on Constitution...violates rights: Justice (Dissenting) Chandrachud FROM THE way it was passed as aMoneyBilltoitsprovisionsthat curtailed fundamental rights, the Aadhaar Act came in for blistering criticism from Justice D Y Chandrachud. Accepting the Government’s contentionthatthereneedstobe ‘Suffers from Constitutional infirmities and violations of basic rights’ anIDsystemfortargeteddelivery of welfare benefits, Justice Chandrachud said that the state hadfailedtoshowthatthisentails sacrifices on “individual autonomy,dataprotectionanddignity.” Writing the dissenting opinion in the 4-1 verdict, Justice Chandrachud struck down the lawonthegroundsthat“(the)entire Aadhaar programme, since 2009” suffers from “Constitutionalinfirmitiesandviolations of fundamental rights”. Saying that it failed to qualify CONTINUED ON PAGE 2 KARISHMA MEHROTRA & RAVISH TIWARI NEW DELHI, SEPTEMBER 26 WHILETHEgovernmenthadreason to cheer the Supreme Court verdict, there is uncertainty and anxietyinthenascentdigitalecosystem building around the Aadhaar digital infrastructure. Beyondthedeclaredpurpose for targeted welfare/subsidy delivery, Aadhaar has grown as a digital infrastructure created by the government that served as a platform for creating a host of authentication-based services CONTINUED ON PAGE 2 9 EXPLAINED Decoding the Verdict: You & Your Aadhaar FULL COVERAGE PAGES 10, 11 MoD official put on record objections to 36-Rafale deal Joint Secy (Air) objected to benchmark price, was overruled; Cabinet approved in September 2016; officer went on leave SUSHANT SINGH NEW DELHI, SEPTEMBER 26 NEARLYAmonthbeforethedeal for 36 Rafale aircraft was signed between then Defence Minister ManoharParrikarandhisFrench counterpart in New Delhi in September 2016, a senior officer of the Ministry of Defence, who had been part of the Contract Negotiations Committee (CNC), raised questionsaboutthedeal’s benchmarkprice andputhis objections on record, The Indian Express has learnt. This officer was then Joint Secretary&AcquisitionManager (Air) in the MoD and the one meant to initiate the note for the Cabinet’s approval. Sources have confirmed to The Indian Express that his objections delayed the Cabinet note approving the deal and its signing which only happened after his objections were “overruled” by another senior MoD official, Director General (Acquisition). The note by the JS & AM (Air), as part of the Rafale deal file, is currently with the office of the Comptroller and Auditor General (CAG) who is studying the deal which has set off a political controversy. Sources said the CAG is likely CONTINUED ON PAGE 2 Quota in promotions OK but keep out creamy layer among SCs, STs: Bench ANANTHAKRISHNAN G & SEEMA CHISHTI NEW DELHI, SEPTEMBER 26 APPLYING THE creamy layer principle to promotions for ScheduledCastesandScheduled Tribes in government jobs, the Supreme Court Wednesday declined to refer to a larger bench its 2006 verdict on the matter. It ruled that states no longer need to collect quantifiable data on thebackwardness of SCsand STs in granting quota in promotions, but will have to back it with data to show their inadequate representation in the cadre. Ruling unanimously on a clutch of petitions to revisit the M Nagaraj & Others vs Union of India verdict, a five-judge Constitution Bench, comprising Chief Justice of India Dipak Misra, Justices Kurian Joseph, R F Nariman (he wrote the order), SKKaulandInduMalhotra,said: “Thewholeobjectof reservation is to see that backward classes of citizens move forward so that they may march hand in hand withothercitizensof Indiaonan equal basis. This will not be possible if only the creamy layer within that class bag all the covetedjobsinthepublic sectorand perpetuate themselves, leaving the rest of the class as backward as they always were.” “Thisbeingthecase,itisclear that when a Court applies the creamy layer principle to ScheduledCastesandScheduled Tribes, it does not in any manner tinker with the Presidential List under Articles 341 or 342 of the Constitution of India. The caste or group or sub-group named in the said List continues exactly as before. It is only those persons within that group or sub-group, who have come out of untouchability or backwardness by virtue of belonging to the creamy layer, who are excluded from the benefit of reservation,” the Bench said. (Articles 341, 342 of the Constitution define who will be considered SCs, STs with respect to any state or Union Territory). During the hearing, Attorney General K K Venugopal, appearing for the Centre, had favoured CONTINUEDONPAGE2 It was a govt-to-govt discussion...I was not in charge at that time...we have very clear rules...This is very important to me because this is a strategic coalition EMMANUEL MACRON, FRENCH PRESIDENT RELATED REPORT PAGE 14 On EC table: Model code to kick in as soon as House dissolved P VAIDYANATHAN IYER & RITIKA CHOPRA NEW DELHI, SEPTEMBER 26 THE ELECTION Commission is considering passing an order shortly to ensure that the Model Code of Conduct kicks in immediately after a state dissolves its Assembly and seeks early elections. This will mean that states may be barred from taking any policy decision which may be in the nature of influencing the electorate. The kicking in of the Model Code of Conduct may not have to wait for the Commission toannouncethepoll scheduleas is the norm now, sources said. A letter will be sent to the Chief Secretaries of all states once a final view is taken. “It has beeninternallydiscussedwithin the Election Commission, and thereisunanimityof views,”said a source. The immediate impact of such a decision will be on TelanganawheretheCabinetdecided to dissolve the House on September 6 but the EC is yet to CONTINUEDONPAGE2 Sangli: Principal held for rape of tribal girls EXPRESS NEWS SERVICE PUNE, SEPTEMBER 26 AT LEAST eight students of a government-funded residential school at Sangli district in Maharashtrawereallegedlyraped andsexuallyabusedforthelastsix monthsbytheprincipal,whowas arrested on Wednesday along with a woman employee of the institution. Police started an investigation after a letter by an anonymoussenderalertedthem about the abuse in the school on Tuesday. The school houses girls belonging to nomadic tribes. Initial investigation has revealed that five girls were raped and three more molested by the principal multiple times in the last six months. Seven of the eight victims are between 13 to 16yearsold,whileoneof themis 19 years old, said police. Police suspect the number of girls who suffered sexual abuse may be higher, as the school has nearly 70 students. The statements of some of the girls, who have left the school, are yet to be recorded. “On Tuesday, the local police station received an anonymous CONTINUEDONPAGE2 ● PAGE ONE ANCHOR ‘I AM JUST A SAFAI KARAMCHARI BUT THIS POLICE STATION DEPENDS ON ME’ APURVA MOLESTED, STRIPPED; HUSBAND BEATEN UP CHAURICHAURA(UP), SEPTEMBER26 MAHATMA A RED initiative appears in today’s edition of The Indian Express. This page is an initiative of the marketing solutions team of The Indian Express Group and contains content paid for by advertisers. This page should be read as an advertisement. ity judgement, and A M Khanwilkar besides chastising the Centre for trying to push Aadhaar on children had a range of suggestions to strengthen the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016. It also barred corporate bodies from using Aadhaar for authentications, unless backed by a law and ruled that the UIDAI cannot store any metadata related to Aadhaar-based authentications or authentication history for ‘DID NOT QUALIFY AS MONEY BILL’ ● TRIBAL WOMAN FLAG BEARERS OF THE NATION BY ARVIND P DATAR ECOSYSTEM HIT NEW DELHI, SEPTEMBER 26 ■ Bank accounts Course correction STRIKES DOWN PART OF SECTION 57 KAUNAIN SHERIFF M ■ Mobile numbers MAHARASHTRA Ranjana Sonawane, the first Aadhaar beneficiary, at her home in Tembhli village, Nandurbar, Maharashtra, Wednesday. She got her card in 2010 and, apart from monthly rations, used it to get a subsidised gas cylinder, scholarship for her son. Prashant Nadkar REPORT, PAGE 11 12 THE EDITORIAL PAGE JOURNALISM OF COURAGE SWACHH BHARAT PART II The Indian Express reporters fan out across the country to mark milestones in the Mahatma’s journey. To bring stories of the footsoldiers of Swachh Bharat, whose job it is to wipe, mop and dust where the Mahatma once walked. BEADS OF sweat trickling down her face, she leans on a five-foot makeshift broom made of bristlestiedtoapolicelathi,staresat the pile of dry leaves in a corner and looks up to the darkening sky. A faint smile, and the broom is moving again, faster, a little careless even. It's past 7 am. “I love the rain, except between 6 and 10 every morning. If it rains now or the wind starts blowing, all my work will be wasted,” she says. Days to go for October 2 and the 150th birth anniversary of Mahatma Gandhi, 65-year-old Malti Devi is among the thousandsof workersatthefrontlines of Swachh Bharat, the flagship cleanliness scheme launched on Gandhi Jayanti four years ago. She is also the only one responsible for cleaning the Chauri Chaura police station in eastern Uttar Pradesh’s Gorakhpur district. Chauri and Chaura are the namesoftwovillages,buttheyare also two words that scarred a nationwidemovementlaunchedby the Mahatma 98 years ago. “My grandfather always talked about it," she says, "They called it 'baees ka kand' (the incident of 1922).” OnFebruary4,1922,twoyears after Gandhi launched the NonCooperation Movement, police opened fire at volunteers participating in a non-violent civil disobedience rally in Chauri Chaura, killing three. In retaliation, a mob set fire to the police station, leaving23policemendead.Eightdays Tashi Tobgyal CHAURI CHAURA: VIOLENCE AT THIS POLICE STATION PROMPTED GANDHI TO CALL OFF NATIONAL MOVEMENT Malti Devi, 65. Job: Casual labour. Salary: `600. Work hours: 6 am-10 am. Cleans: Premises, assembly area, 2 toilets later, Gandhi suspended the movement. In1924,theBritishbuiltanew, fortified station. And since then, amid a series of transfers and changes,ChauriChaurahashada few constants -- Malti, who started cleaning the premises in 1983, is one. She is employed as “casual labour” with her Rs 600 monthlywageloggedinthelocal police accounts book. "I am just a safai karamchari but this police station depends on me... I work with my husband Moti. He was born in 1947. He had a job earlier atthetehsilofficebutweworktogether at the police station,” she says. Every morning at 6, armed withthatbroom,Maltistartswith themaincourtyardofthe10-man policestation,whichincludesthe SHO'soffice,recordroom,lock-up andMalkhana.Thenshemovesto the yard outside the residential quarters of the SHO and three otherpersonnel,akitchen,aguest room, a computer room and an assembly area. Maltisweepsandpilesupthe trash, and Moti, a retired Class IV employee,helpsinfillingthefour trash cans on the premises. The policemen clean the floors inside the rooms, but that still leaves Malti with a task she hates -cleaning the two separate bathroom blocks for males and females. This, she does with a bottle of phenyl and a bucket. And that broom. "I made this broom myself. I needed something that can CONTINUEDONPAGE2 TOMORROW CHAMPARAN
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