- NPAs under PM Modi's Mudra scheme jumped 126% in FY19
- shows RTI
- RTI query reveals banking frauds of ₹ 2.05 Trillion reported in the last 11 years
- 509 per cent rise in cases under child labour law: Study
- The Central Information Commission has allowed disclosure of file notings on the mercy petition of a rape and murder convict, rejecting the government's contention that the records cannot be disclosed as these are privileged documents under Article 74(2) of the Constitution.
- Electoral bonds worth over ₹5,800 crore were bought by donors to fund political parties between March 1, 2018 and May 10, 2019, a Right to Information reply has said.
- Don't pay 500/- for answer sheet now- Supreme Court says if Answer sheet is asked under RTI, RTI Fees will be governed
By Priya De
Find here the original Supreme court judgement on Aadhaar.
(1) The requirement under Aadhaar Act to give one's demographic and biometric information does not violate fundamental right of privacy.
(2) The provisions of Aadhaar Act requiring demographic and biometric information from a resident for Aadhaar Number pass threefold test as laid down in Puttaswamy (supra) case, hence cannot be said to be unconstitutional.
(3) Collection of data, its storage and use does not violate fundamental Right of Privacy.
(4) Aadhaar Act does not create an architecture for pervasive surveillance.
(5) Aadhaar Act and Regulations provides protection and safety of the data received from individuals.
(6) Section 7 of the Aadhaar is constitutional. The provision does not deserve to be struck down on account of denial in some cases of right to claim on account of failure of authentication.
(7) The State while enlivening right to food, right to shelter etc. envisaged under Article 21 cannot encroach upon the right of privacy of beneficiaries nor former can be given precedence over the latter.
(8) Provisions of Section 29 is constitutional and does not deserves to be struck down.
(9) Section 33 cannot be said to be unconstitutional as it provides for the use of Aadhaar data base for police investigation nor it can be said to violate protection granted under Article 20(3).
(10) Section 47 of the Aadhaar Act cannot be held to be unconstitutional on the ground that it does not allow an individual who finds that there is a violation of Aadhaar Act to initiate any criminal process.
(11) Section 57, to the extent, which permits use of Aadhaar by the State or any body corporate or person, in pursuant to any contract to this effect is unconstitutional and void. Thus, the last phrase in main provision of Section 57, i.e. “or any contract to this effect” is struck down.
(12) Section 59 has validated all actions taken by the Central Government under the notifications dated 28.01.2009 and 12.09.2009 and all actions shall be deemed to have been taken under the Aadhaar Act.
(13) Parental consent for providing biometric information under Regulation 3 & demographic information under Regulation 4 has to be read for enrolment of children between 5 to 18 years to uphold the constitutionality of Regulations 3 & 4 of Aadhaar (Enrolment and Update) Regulations, 2016.
(14) Rule 9 as amended by PMLA (Second Amendment) Rules, 2017 is not unconstitutional and does not violate Articles 14, 19(1)(g), 21 & 300A of the Constitution and Sections 3, 7 & 51 of the Aadhaar Act. Further Rule 9 as amended is not ultra vires to PMLA Act, 2002.
(15) Circular dated 23.03.2017 being unconstitutional is set aside.
(16) Aadhaar Act has been rightly passed as Money Bill. The decision of Speaker certifying the Aadhaar Bill, 2016 as Money Bill is not immuned from Judicial Review.
(17) Section 139AA does not breach fundamental Right of Privacy as per Privacy Judgment in Puttaswamy case.
(18) The Aadhaar Act does not violate the interim orders passed in Writ Petition (C) No. 494 of 2012 and other Writ Petitions.
Greetings on the Fourth Anniversary of RTI Act !
As some of you may be aware that as person committed to the cause of e-Governance I had been contributing my thoughts and ideas at various forums, especially through the discussion forum india-egov.
Off late I had been using the RTI Act extensively to gather information related to implementation of National e-Governance Plan.The purpose had been to monitor the NeGP from the citizens prospective and suggest course corrections where ever required.
In my quest for seeking information on the NeGP, I had an extensive experience / exposure to the implementation of the RTI Act in India. Therefore I thought to document my experiences and prepare a Citizens Report Card on implementation of RTI Act in India.The sixty page report card in its original format was over 20 MB and therefore could not be shared through the e-mail. The compressed file is not in the same formatted form as original, however it catches the complete content of the citizens report card. (I have uploaded the file on the website rtiindia.org; but i am not sure if it is already uploaded)
I request you to download the above report card and use it for your reference. I will be glad to share my first hand expereinces in any workshop / event on RTI Act as you may be organizing.
I also request you to kindly share the above Report Card with the CPIOs / officials who in your opinion will benefit from it. Looking forward to your inputs / reactions / criticism on the above report card.
Thanks and regards,
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