Aadhaar Programme Will Hollow Out Constitution: Petitioners To Top Court

Agencies
January 18, 2018

New Delhi, Jan 18:  Terming Aadhaar as "an electronic leash", a senior lawyer on Wednesday told the Supreme Court that the government could completely destroy an individual by "switching off" the 12-digit unique identifier number.

The argument was made before a five-judge Constititution bench headed by Chief Justice Dipak Misra which commenced hearing on a batch of petitions challenging the constitutional validity of the government's flagship Aadhaar programme and its enabling Act of 2016.

However, the bench, also comprising Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan, countered senior advocate Shyam Divan, asking whether the state "cannot say that it has every right to find out the number of schools, children or the real beneficiaries of a welfare scheme and verify the real beneficiaries of huge funds which it is spending, it needs Aadhaar number. This is a valid argument."

It posed whether the government does not have the right to say that it was spending crores of rupees on welfare schemes and needed to verify whether benefits reached the needy and the leakages or pilferage of resources stopped.

The bench also asked what will happen to the biometric data collected before the Aadhaar Act, 2016 -- whether they will be destroyed if the petitioners challenging the validity of the Aadhaar programme succeeded.

Mr Divan, who opened arguments on behalf of petitioners, said that through a succession of "marketing stratagems" and by employing "smoke and mirrors", the government has rolled out a "little understood" programme that seeks to "tether every resident of India to an electronic leash".

"This leash is connected to a central database that is designed to track transactions across the life of the citizen. This record will enable the State to profile citizens, track their movements, assess their habits and silently influence their behaviour. Over time, the profiling enables the State to stifle dissent and influence political decision making," he argued.

Mr Divan said that "the State is empowered with a 'switch' by which it can cause the civil death of an individual. Where every basic facility is linked to Aadhaar and one cannot live in society without an Aadhaar number, the switching off of Aadhaar completely destroys the individual."

He said the petitioners are certain that if the Aadhaar Act and the programme were allowed to operate "unimpeded", it would "hollow out" the Constitution, particularly the great rights and liberties it has assured to its citizens.

Mr Divan is representing several petitioners like former Karnataka High Court judge Justice KS Puttaswamy, several activists Aruna Roy, Shantha Sinha and veteran CPI(M) leader VS Achuthanandan.

Mr Divan, who argued through the day and would continue his submissions tomorrow, said "a person cannot avail the facility of a welfare scheme, if the finger prints do not match the templates set by UIDAI," he said, adding that for seven years, biometric data of individuals were collected without any legal framework but only on executive orders.

Moreover, over three crore citizens have not been able to register their biometric data, he said and asked how can the government exclude such a big part of the population who could not be registered without any fault on their part, from availing benefits.

Mr Divan contended that at its core, Aadhaar alters the relationship between the citizen and the State and diminishes the status of the citizen.

Observing that the case at hand was unique as the programme was itself without any precedent, the senior lawyer said "no democratic society has adopted a programme that is similar in its command and sweep. There are few judicial precedents to guide us. The closest foreign cases have all been decided in favour of the citizens, repelling the invasive programmes by the State."

He said this case was about a new technology that the government has sought to deploy and a new architecture of governance has been built on this technology.

A people's Constitution will transform into a State Constitution, Mr Divan said and asked whether the Constitution allowed the State to embrace this new programme or whether the key document repudiates "the giant electronic mesh that Aadhaar was creating."

He also expressed concern over extending the Aadhaar platform to private corporations, the degree of tracking and extent of profiling will "exponentially increase".

"Rights freely exercised, liberties freely enjoyed, entitlements granted by the Constitution and laws are all made conditional. Conditional on a compulsory barter. The barter compels the citizen to give up her biometrics 'voluntarily', allow her biometrics and demographic information to be stored by the State and private operators and then used for a process termed as 'authentication'," he said.

Mr Divan said the Constitution balances rights of an individual against the State interest and "Aadhaar completely upsets this balance and skews the relationship between the citizen and the State...".

"The Constitution is not a charter of servitude. Aadhaar, if allowed to roll out unimpeded reduces citizens to servitude," Mr Divan said.

Just before the end of the hearing, he said that if Aadhaar Act is upheld, then in the alternative, no citizen should be deprived of any right or benefit for lack of an Aadhaar card.

The top court had on December 15 last year extended till March 31 the deadline for mandatory linking of Aadhaar with various services and welfare schemes of all ministries and departments of the Centre, states and union territories.

A nine-judge constitution bench of the top court had last year, held that Right to Privacy was a Fundamental Right under the Constitution. Several petitioners challenging the validity of Aadhaar had claimed it violated privacy rights.

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News Network
November 21,2025

Bantwal: A domestic dispute appears to have led to a violent confrontation in BC Road area, where the owner of a textile shop was allegedly attacked with a knife by his wife on Wednesday evening.

Krishna Kumar Somayaji, the owner of Somayaji Textiles, sustained serious injuries in the incident and was immediately taken to a hospital for treatment. He is currently receiving care in the intensive care unit and is reported to have survived the assault, according to police.

The Bantwal Town police have registered a case against Somayaji's wife, Jyothi KT, who has since been taken into custody.

Police stated that the complainant, Namita, an employee at the shop, reported the sequence of events. She stated that around 7 p.m. on Wednesday, the suspect entered the shop, wearing a burqa and disguised as a customer, before attacking Somayaji with a knife. The employee then transported the injured owner to a local hospital via an autorickshaw.

Superintendent of Police Arun K confirmed that an ongoing domestic dispute between Somayaji and his wife reportedly preceded the attack. Police noted that Jyothi KT had previously visited the shop and issued threats.

Based on the complaint, Bantwal Town police have registered a case under relevant sections of the Bharatiya Nyaya Sanhita (BNS) and the Indian Arms Act-1959. An investigation into the incident is currently underway.

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News Network
December 2,2025

A major upgrade in safety and monitoring is planned for Haj 2026, with every Indian pilgrim set to receive a Haj Suvidha smart wristband linked to the official Haj Suvidha mobile app. The initiative aims to support pilgrims—especially senior citizens—who may struggle with smartphones during the 45-day journey.

What the Smart Wristband Will Do

Officials said the device will come with:
•    Location tracking
•    Pedometer
•    SOS emergency button
•    Qibla compass
•    Prayer timings
•    Basic health monitoring

SP Tiwari, secretary of the UP State Haj Committee, said the goal is to make the pilgrimage safer and more comfortable.

“Most Hajis are elderly and not comfortable with mobile apps,” he said. “The smartwatch will help locate pilgrims who forget their way or cannot communicate their location.”

The wristbands will be monitored by the Consulate General of India in Saudi Arabia, similar to mobile tracking via the Haj Suvidha App.

Free Distribution and Training

•    Smart wristbands will be given free of cost.
•    Training for pilgrims will be conducted between January and February 2026.
•    Sample units will reach state Haj committees soon.
•    Final devices will be distributed as pilgrims begin their journey.

New Rules for Accommodation

Two major decisions have also been finalised for Haj 2026:
1.    Separate rooms for men and women – including married couples. They may stay on the same floor but must occupy different rooms, following stricter Saudi guidelines.
2.    Cooking banned – gas cylinders will not be allowed; all meals will be provided through official catering services arranged by the Haj Committee of India.

These decisions were finalised during a meeting of the Haj Committee of India and state representatives in Mumbai.

Haj Suvidha App Launched Earlier

The government launched the Haj Suvidha App in 2024, offering:

•    Training modules
•    Accommodation and flight details
•    Baggage information
•    SOS and translation tools
•    Grievance redressal

Haj 2026 Quota and Key States

•    India’s total Haj quota for 2026: 1,75,025 pilgrims
•    70% (1,25,000) allotted to the Haj Committee of India
•    30% (around 50,000) reserved for Haj Group Organisers

Uttar Pradesh has the largest allocation (around 30,000 seats), though approximately 18,000 pilgrims are expected to go this year. States with high pilgrim numbers include Kerala, Maharashtra and Gujarat.

Dates of Haj 2026

The pilgrimage is scheduled to take place from 24 May to 29 May, 2026 (tentative).
Haj is one of the five pillars of Islam and is mandatory for Muslims who meet the required conditions.

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News Network
December 4,2025

indigocrisis.jpg

Angry outbursts, long queues, and desperate appeals filled airports across India today as IndiGo grappled with a severe operational breakdown. Hundreds of flights have been cancelled or delayed, leaving thousands of passengers stranded through the night and forcing many to spend long hours at helpdesks.

Social media was flooded with videos of fliers pleading for assistance, accusing the airline of misleading updates, and demanding accommodation after being stuck for 10 to 12 hours at airports such as Hyderabad and Bengaluru.

What Triggered the Meltdown?

IndiGo has attributed the widespread disruption to “a multitude of unforeseen operational challenges.” These include:

•    Minor technology glitches
•    Winter-season schedule adjustments
•    Bad weather
•    Congestion in the aviation network
•    New crew rostering rules (Flight Duty Time Limitations or FDTL)

Among these, the most disruptive has been the implementation of the updated FDTL norms introduced by the Directorate General of Civil Aviation (DGCA) in January 2024.

These rules were designed to reduce pilot fatigue and improve passenger safety. Key changes include:

•    Longer weekly rest periods for flight crew
•    A revised definition of “night,” extending it by an extra hour
•    Tighter caps on flight duty timing and night landings
•    Cutting night shifts for pilots and crew from six per roster cycle to just two

Once these norms became fully enforceable, airlines were required to overhaul rosters well in advance. For IndiGo, this triggered a sudden shortage of crew available for duty, leading to cascading delays and cancellations.

Why IndiGo Was Hit the Hardest

IndiGo is India’s largest airline by a wide margin, operating over 2,200 flights daily. That’s roughly double the number operated by Air India.

When an airline of this size experiences even a 10–20% disruption, it translates to 200–400 flights being delayed or grounded — producing massive spillover effects across the country.

IndiGo also relies heavily on high-frequency overnight operations, a model typical of low-cost carriers that aim to maximise aircraft utilisation and reduce downtime. The stricter FDTL norms clash with these overnight-heavy schedules, forcing the airline to pull back services.

Aviation bodies have also criticised IndiGo’s preparedness. The Airline Pilots' Association of India (ALPA) said airlines were given a two-year window to plan for the new rules but “started preparing rather late.” IndiGo, it said, failed to rebuild crew rosters 15 days in advance as required.

The Federation of Indian Pilots (FIP) went further, calling the crisis the result of IndiGo’s “prolonged and unorthodox lean manpower strategy,” and alleging that the airline adopted a hiring freeze even as it knew the new rules would require more careful staffing.

How Many Flights Are Affected?

In the past 48 hours, over 300 flights have been cancelled. At least 100 more are expected to be cancelled today.

City-wise impact:

•    Hyderabad: 33 expected cancellations; several fliers stranded overnight
•    Bengaluru: over 70 expected cancellations
•    Delhi, Mumbai, Chennai, Kolkata: widespread delays and missed connections

Passengers shared distressing accounts online.

One customer at Hyderabad airport said they waited from 6 PM to 9 AM with “no action taken” regarding their delayed Pune flight. Another said IndiGo repeatedly told them the crew was “arriving soon,” only for the delay to stretch over 12 hours.

IndiGo has apologised for the disruption and promised that operations will stabilise within 48 hours, adding that “calibrated adjustments” are being made to contain the chaos.

What Should Passengers Do Now?

For those flying in the next few days, especially with IndiGo, here are key precautions:

1. Keep Checking Flight Status
Monitor your flight closely before leaving for the airport, as delays may be announced last-minute.

2. Arrive Early
Expect long queues at counters and security due to crowding and rescheduling.

3. Carry Essentials
Pack snacks, water, basic medicines, chargers, and items for children or senior citizens. Extended waiting times should be anticipated.

4. Use Flexible Booking Options
If you booked tickets with a free-date-change or cancellation option, consider using them.
If you haven’t booked yet, prefer refundable or flexible fares, or even consider alternate airlines.

5. Follow IndiGo’s Updates
Keep an eye on IndiGo’s official social media channels and contact customer support for rebooking and refund queries.

What Needs to Change?

Pilot groups have raised concerns not just about staffing but also the planning practices behind it.
The Federation of Indian Pilots accused IndiGo of:

•    Imposing an unexplained hiring freeze despite knowing the FDTL changes were coming
•    Entering non-poaching agreements that limited talent movement
•    Keeping pilot pay frozen
•    Underestimating the need to restructure operations in advance

They have urged DGCA to approve seasonal schedules only after airlines prove they have adequate pilot strength under the new norms.

ALPA also warned that some airlines might be using the delays as an “immature pressure tactic” to push DGCA for relaxations in the new rules — which, if granted, could compromise the very safety standards the norms were meant to protect.

Both pilot bodies stressed that no exemption should dilute safety, and any deviations should be based solely on scientific risk assessment.

Is a Solution in Sight?

While IndiGo says normalcy will return within two days, aviation experts believe that fully stabilising operations could take longer, depending on how quickly the airline can:
•    Re-align rosters
•    Mobilise rested crew
•    Boost staffing
•    Adjust its winter schedule to match regulatory requirements
Passengers are advised to remain prepared for continued delays over the next few days as the airline works through its backlog. 

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