STIFLING PRIVACY AND INHIBITING DEMOCRACY: A CASE FOR AADHAAR SCHEME IN INDIA

The foremost instance of intellectual anarchy, better known as aadhar, issued by the government of India is meant to be a repository of biometric as well as demographic information of individuals, possibly the largest biometric database to be. It provides an easy access of such data to unaccountable bodies without a legal backing. This paper seeks to look into various aspects of Aadhar as a violation of right to privacy of individuals backed by the principle of waiver of fundamental rights. The first part deals with right to privacy as a fundamental right and its evolution through a catena of judicial decisions to arrive at a conclusion. The second part entails privacy issues within Aadhar and their impact. The third part brings these two points together as a discussion on waiver of fundamental rights as has been construed by the Indian judiciary. The fourth part deals with the doctrine of unconstitutional conditions and its implementation in this context. The paper concludes on a note about the crucial nature and disastrous effects of the system and seeks for the establishment of a more accountable and constitutional procedure.