TheIndian EXPRESS LATE CITY, 20 PAGES, LUCKNOW, `5.00 ● THURSDAY, SEPTEMBER 27, 2018 ● WWW.INDIANEXPRESS.COM 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 ■ Mobile numbers ■ Bank accounts ■ Mutual Funds ■ Insurance companies ■ Payment banks like PayTM, Airtel Payments Bank 12 WORLD PRESIDENT TRYING TO STAY IN POWER: MALDIVES OPPN 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. 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 9 10 THE EDITORIAL PAGE 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, 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 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. 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 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 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 7 EXPLAINED Decoding the Verdict: You & Your Aadhaar FULL COVERAGE PAGES 8, 9 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 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 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 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 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), 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 covetedjobsinthepublicsectorand perpetuate themselves, leaving the rest of the class as backward New Delhi: Stating “sunlight is the best disinfectant”, the Supreme Court Wednesday agreed to live-streaming and video recording of court proceedings. PAGE 14 NEW DELHI, SEPTEMBER 26 INSIDE 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 CONTINUED ON PAGE 2 PAGE 13 ● ATHAWALE: WILL REQUEST PM TO BRING BILL FOR PROMOTION RESERVATION ● CENTRE APPROVES PAY HIKE FOR J-K SPOS 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 13 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 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 state with Lok Sabha elections. A separate letter may be sent to the Chief Secretary of Telangana directing him to refrain from taking policy decisions. “If the state goes to the court and challenges this, the Commission will take the matter to its logical conclusion,” the CONTINUED ON PAGE 2 ● PAGE ONE ANCHOR ‘I AM JUST A SAFAI KARAMCHARI BUT THIS POLICE STATION DEPENDS ON ME’ APURVA CHAURI CHAURA (UP), SEPTEMBER 26 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 cleanlinessschemelaunchedon 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 the Mahatma once walked. Gandhi Jayanti four years ago. She is also the only one responsibleforcleaningtheChauri 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 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 civildisobediencerallyinChauri 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 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 lo- cal 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 with that broom, Malti starts with the main courtyard of the 10-manpolicestation,whichincludes the SHO's office, record room, lock-up and Malkhana. Then she moves to the yard outside the residential quarters of theSHOandthreeotherpersonnel, a kitchen, a guest room, a computerroomandanassembly area. Maltisweepsandpilesupthe trash, andMoti,aretiredClassIV employee,helpsinfillingthefour trash cans on the premises. The policemencleanthefloorsinside 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 sweep leaves, paper, sand and pebbles. The broom from the market will not work, it is too weak.Ittakesfourhourstoclean thestation,andIneedsomething with a longer handle so that I don'thavetobendsomuch,”she says. But today, there's no bathroom duty, the station has run out of phenyl. “I cannot buy the cleaningliquid,they(police)give it to me. They have asked me to CONTINUED ON PAGE 14E TOMORROW CHAMPARAN
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