LATE CITY, 24 PAGES, AHMEDABAD, `4.00 ● THURSDAY, SEPTEMBER 27, 2018 ● WWW.INDIANEXPRESS.COM TheIndian EXPRESS 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 INAlandmark majority ruling on 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 same individual as a beneficiary” but ring-fenced the law from possible misuse by the State and private entities. While it upheld the linking of 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”. Four of five judges on the Bench — Chief Justice Dipak Misra and Justices A K Sikri, A M CONTINUED ON PAGE 2 FULL COVERAGE PAGES 15 & 16 12 THE EDITORIAL PAGE JOURNALISM OF COURAGE 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 NEARLY Amonth before the deal for 36 Rafale aircraft was signed between then Defence Minister Manohar Parrikar and his French 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 questions about the deal’s benchmark price and put his objections on record, The Indian Express has learnt. This officer was then Joint Secretary & Acquisition Manager (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 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 16 Course correction BY ARVIND P DATAR Quota in promotions OK but keep out creamy layer among SCs, STs: Bench STRIKES DOWN PART OF SECTION 57 ECOSYSTEM HIT ANANTHAKRISHNAN G & SEEMA CHISHTI 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. THE IDEAS PAGE 13 The majority verdict by Chief Justice Dipak Misra and Justices A K Sikri, who wrote the major- 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 CONTINUED ON PAGE 2 ‘DID NOT QUALIFY AS MONEY BILL’ Fraud on Constitution...violates rights: Justice (Dissenting) Chandrachud KAUNAIN SHERIFF M ‘Suffers from Constitutional infirmities and violations of basic rights’ NEW DELHI, SEPTEMBER 26 FROM THE way it was passed as a Money Bill to its provisions that curtailed fundamental rights, the Aadhaar Act came in for blistering criticism from Justice D Y Chandrachud. Accepting the Government’s contention that there needs to be an ID system for targeted delivery of welfare benefits, Justice Chandrachud said that the state had failed to show that this entails sacrifices on “individual autonomy, data protection and dignity.” Writing the dissenting opinion in the 4-1 verdict, Justice Chandrachud struck down the law on the grounds that “(the) entire Aadhaar programme, since 2009” suffers from “Constitutional infirmities and violations of fundamental rights”. Saying that it failed to qualify as a money Bill under Article 110, 14 EXPLAINED Decoding the Verdict: You & Your Aadhaar Justice Chandrachud said that the “ruling party in power may not command a majority in the Rajya Sabha” but “superseding the authority of the Rajya Sabha is in conflict with the CONTINUED ON PAGE 2 KARISHMA MEHROTRA & RAVISH TIWARI NEW DELHI, SEPTEMBER 26 WHILE THEgovernment had reason to cheer the Supreme Court verdict, there is uncertainty and anxiety in the nascent digital ecosystem building around the Aadhaar digital infrastructure. Beyond the declared purpose 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 NEED IT FOR TAX BUT NOT FOR... NEW DELHI, SEPTEMBER 26 APPLYING THE creamy layer principle to promotions for Scheduled Castes and Scheduled 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 the backwardness of SCs and 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), OK TO LIVE-STREAM COURT PROCEEDINGS New Delhi: Stating “sunlight is the best disinfectant”, the Supreme Court Wednesday agreed to live-streaming and video recording of court proceedings. It said rules for balancing rights of public and protecting dignity of litigants will soon be made. PAGE 8 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 11 On EC table: Model code to kick in as soon as House dissolved P VAIDYANATHAN IYER & RITIKA CHOPRA NEW DELHI, SEPTEMBER 26 S K Kaul and Indu Malhotra, said: “The whole object of reservation is to see that backward classes of citizens move forward so that they may march hand in hand with other citizens of India on an equal basis. This will not be possible if only the creamy layer 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 to announce the poll schedule as 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 been internally discussed within the Election Commission, and there is unanimity ofviews,” said a source. CONTINUED ON PAGE 2 CONTINUED ON PAGE 2 Anand village tense after deputy sarpanch dies in communal clash EXPRESS NEWS SERVICE VADODARA, SEPTEMBER 26 ■ Pension ■ Admission to schools ■ Examinations by CBSE, NEET, JEE and UGC ■ Mobile numbers ■ Bank accounts ■ Mutual Funds ■ Insurance companies ■ Payment banks like PayTM, Airtel Payments Bank HEAVY POLICE force was deployed at Kherda village ofAnand district on Wednesday after the deputy sarpanch of the village, who was injured in a communal clash, died on Sunday, triggering tension in the area. Around 100 personnel, including those from State Reserve Police, were deployed at the village. According to the police, an altercation took place between members of two communities An abandoned house set on fire by a mob at Kherda, Anand. CONTINUED ON PAGE 10 ● PAGE ONE ANCHOR ‘I’M JUST A SAFAI KARAMCHARI BUT THIS POLICE STATION DEPENDS ON ME’ APURVA CHAURI CHAURA (UP), SEPTEMBER 26 MAHATMA 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 Gandhi once walked. BEADS OF sweat trickling down her face, she leans on a five-foot makeshift broom made of bristles tied to a police lathi, stares at 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 thousands of workers at the frontlines 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 names of two villages, but they are also two words that scarred a nationwide movement launched by the Mahatma 98 years ago. “My grandfather always talked about it," she says, “They called it ‘baees ka kand’ (the incident of 1922).” 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 On February 4, 1922, two years after Gandhi launched the Non-Cooperation 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, leaving 23 policemen dead. Eight days later, his vision seared by the violence, Gandhi suspended the movement. In 1924, the British built a new, fortified station. And since then, amid a series of transfers and changes, Chauri Chaura has had a few constants -- Malti, who started cleaning the premises in 1983, is one. She is employed as “casual labour” with her Rs 600 monthly wage logged in the local 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 at the tehsil office but we work together at the police station,” she says. Every morning at 6, armed with that broom, Malti starts with the main courtyard of the 10-man police station, which includes the SHO's office, record room, lock-up and Malkhana. CONTINUED ON PAGE 10 TOMORROW CHAMPARAN
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