Here is a round-up of the ICLP blog’s coverage of the Aadhaar judgment. The arrangement of the posts tracks our suggested order of reading them. After that, some other critiques of the judgment have been provided as well. Filter, as always, for bias.
This page is meant to serve as a resource going forward. The Aadhaar judgment is not the end, but merely the first round in an increasingly crucial debate on the intersection between technology and the Constitution. Our aim is to work towards a legal and constitutional provision where technology is harnessed to expand human freedom, and not constrain it in service of the State (or of private corporations). As a great man once said, “it always seems impossible – until it is done.”
- “Take me as I am – subject to Aadhaar-Based Biometric Authentication”: An Overview of the Aadhaar Judgment.
- The Aadhaar Judgment: A Dissent for the Ages.
Factual analysis (A four-part series by Anand Venkat)
- The Aadhaar Judgment and Reality – I: On Uniqueness.
- The Aadhaar Judgment and Reality – II: On Fallibility.
- The Aadhaar Judgment and Reality – III: On Surveillance.
- The Aadhaar Judgment and Reality – IV: On Data.
- The Aadhaar Judgment and the Constitution – I: Doctrinal Inconsistencies and a Constitutionalism of Convenience.
- The Aadhaar Judgment and the Constitution – II: On Proportionality (by Mariyam Kamil).
- The Aadhaar Judgment and the Constitution – III: On the Money Bill (by Suhrith Parthasarathy).
- The Aadhaar Judgment: Telecom Operators and the Legal Standing of Chandrachud J.’s “Dissenting” Opinion (by Prasanna S.).
In addition, here are links to pieces elsewhere, on related topics.
- Methods of Interpretation. (Apar Gupta)
- Aadhaar Verdict No Reason to Celebrate for the Government (Prasanna S.)
- Aadhaar valid, but restricted, and still a problem (Vrinda Bhandari).
- Aadhaar verdict: SC Majority Judgments Lacks Consistency in Logic and Reasoning, and Turns Constitutional Analysis on its Head (Malavika Prasad).
- Aadhaar verdict: Dissenting Judge D.Y. Chandrachud Feels Money Bill Tag may be Misused to Escape Rajya Sabha Scrutiny. (Malavika Prasad).
- The Perils of Taking the Money Bill Route (Prasanna S.)
Section 57 (use by private parties)
- Section 57: Why Aadhaar can’t be used as authentication by private companies (Prasanna S.)
- In Striking Down Section 57, SC has Curtailed the Function Creep and Financial Future of Aadhaar (Vrinda Bhandari and Rahul Narayan).
- Aadhaar Judgment Sets a Legislative Agenda (Apar Gupta).