TheIndian EXPRESS LATE CITY, 18 PAGES, JAIPUR, `5.00 ● THURSDAY, SEPTEMBER 27, 2018 ● WWW.INDIANEXPRESS.COM DAILY FROM: AHMEDABAD, CHANDIGARH, DELHI, JAIPUR, KOLKATA, LUCKNOW, MUMBAI, NAGPUR, PUNE, VADODARA SUPREME COURT UPHOLDS AADHAAR LAW 4-1, CALLS FOR STRONGER 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 downtherequirementof linking Aadhaar to bank accounts and mobile phone numbers, and its insistenceforpensionandschool admission. 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. ■ Mobile numbers ■ Bank Accounts ■ Mutual Funds ■ Insurance companies ■ Payment banks like PayTM, Airtel Payments Bank 6 Ranjana Sonawane, the first Aadhaar beneficiary, at her home in Tembhli village, Nandurbar, 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 FLAG BEARERS OF THE NATION 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. Course correction BY ARVIND P DATAR STRIKES DOWN PART OF SECTION 57 ECOSYSTEM HIT 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 by a Constitution Bench Wednesday, 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 11 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, and restrained the government on widening the scope of Aadhaar. The Supreme Court also barredcorporatebodiesfromusing Aadhaar for authentications, unlessbackedbyalawandruled 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 amoneyBilltoitsprovisionsthat curtailed fundamental rights, the Aadhaar Act came in for blistering criticism from Justice D Y Chandrachud. Accepting the Government’s contentionthatthereneedstobe 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 asamoneyBillunderArticle110, 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 CONTINUED ON PAGE 2 KARISHMA MEHROTRA & RAVISH TIWARI NEW DELHI, SEPTEMBER 26 WHILE THE Government had reason to cheer the Supreme Courtverdict,thereisuncertainty andanxietyinthenascentdigital eco-system building around the Aadhaar digital infrastructure. Beyondthedeclaredpurpose for targeted welfare/subsidy delivery,Aadhaarhasgrownasdigital infrastructure created by the government that served as a platform for creating a host of authentication-based services for the private sector. This was made possible by CONTINUED ON PAGE 6 7 EXPLAINED Decoding the verdict: You & Your Aadhaar FULL COVERAGE PAGE 8, 9 MoD official put on record objections to 36-Rafale deal Joint Secy (Air) objected to benchmark price, was over-ruled; 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), raisedquestionsaboutthedeal’s benchmarkpriceandputhisobjections 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 objectionsdelayedtheCabinetnote approving the deal and its signing which only happened after hisobjectionswere“over-ruled” by another senior MoD official, Director General (Acquisition). The note by the JS & AM (Air), 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 6 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 tosubmititsreportbythewinter session of Parliament in December. The CAG report, sources said, is likely to refer to thenotecontainingobjectionsto the Rafale deal and will also mention how these objections were over-ruled. The CNC was headed by the Deputy Chief of the Indian Air Force(IAF)andhadarrivedatthe final price after more than a dozen rounds of negotiations with a French team headed by a General. One of the key objections raised by JS & AM (Air) was over the benchmark price for the French aircraft in the new 36Rafale deal which had been pegged higher than the benchmark price for the shelved 126Rafale proposal. The benchmark price is decided to provide a reference to the CNC about the reasonableness of the lowest price quoted by the suppler. CONTINUED ON PAGE 2 SC/ST quota in promotions OK but keep out their creamy layer: 5-judge Bench On EC table: Model code to kick in as soon as House dissolved ANANTHAKRISHNAN G & SEEMA CHISHTI OKTOLIVE-STREAM COURTPROCEEDINGS 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 thebackwardnessof SCsandSTs 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 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. 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 toannouncethepollscheduleas 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 announce poll dates. TRS chief and Telangana Chief Minister K Chandrashekar Rao recommended dissolution of the Housetoavoidpossibleclubbing of the Assembly elections in the NEW DELHI, SEPTEMBER 26 within that class bag all the covetedjobsinthepublicsectorand 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 CONTINUED ON PAGE 2 P VAIDYANATHAN IYER & RITIKA CHOPRA NEW DELHI, SEPTEMBER 26 CONTINUED ON PAGE 2 ● PAGE ONE ANCHOR ‘I’M JUST A SAFAI KARAMCHARI BUT THIS POLICE STATION DEPENDS ON ME’ INSIDE PRESIDENT TRYING TO STAY IN POWER: MALDIVES OPPN 10 THE EDITORIAL PAGE JOURNALISM OF COURAGE 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 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 windstartsblowing,allmywork 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 responsibleforcleaningtheChauri 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).” On February 4, 1922, two years after Gandhi launched the Non-Cooperation Movement, police opened fire at volunteers participating in a non-violent civil disobediencerallyinChauri Chaura, killing three. In retaliation, a mob set fire to the police 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 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 hadafewconstants—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 onme...Iworkwithmyhusband 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 withthatbroom,Maltistartswith themaincourtyardofthe10-man Jaipur policestation,whichincludesthe SHO'soffice,recordroom,lock-up and Malkhana. Then she moves totheyardoutsidetheresidential 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, helps in filling the four trash cans on the premises. The policemen clean the floors inside the rooms, but that still leavesMaltiwithataskshehates — cleaning the two separate bathroom blocks for males and females. This, she does with a bottle of phenyl and a bucket. CONTINUED ON PAGE 2 TOMORROW CHAMPARAN