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A two Judge Bench of Justices SA Bobde and BR Gavai was hearing a PIL by Maj Gen (Retd) Vombatkere and Bezwada Wilson (Safai Karamchari Andolan Chairperson). A PIL was filed under Article 32 of the Constiution stating that the Aadhaar and Other Laws (Amendment) Ordinance, 2019 and the Aadhaar (Pricing of Aadhaar Authentication Services) Regulations, 2019 violates the Fundamental Rights and creates a backdoor to permit the private parties to access the Aadhaar eco-system. The petition states as follow:- Firstly, the impugned ordinance is unconstitutional as they seek to re-legislate the provisions of the Aadhaar Act, 2016 which enabled commercial exploitation of personal information collected for State purpose which were specifically declared unconstitutional in the "Aadhaar case," titled Justice Puttuswamy (Retd.) vs. Union of India & Anr., 2019 1 SCC 1. Secondly, the Aadhaar database lacks integrity as the collected data are not verified which poses a grave threat to national security by permitting unverified data. Thirdly, the impugned Ordinance creates a new system of '.offline verification," that purports bypasses the Respondent Authority. Through the impugned Regulations, the UIDAI expressly seeks to commercialize, and gain financially through the Large-scale collection of the citizen's private data and the use of Aadhaar database by private entities, is impermissible as it violates Article 19 and 21 of the Constitution. Finally, the ordinance was promulgated in an improper ordinance making power. Thus, the Supreme Court has issued notice to Centre and UIDAI on the new Aadhaar ordinance.
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