2) Critically analyse the merits and demerits of Section 7 and 57 of the Aadhaar Bill.

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Topic:Government policies and interventions for development in various sectors and issues arising out of their design and implementation

2) Critically analyse the merits and demerits of Section 7 and 57 of the Aadhaar Bill. (200 Words)

The Hindu

  • Valuing privacy (guaranteed under article 19, 21) is a mark of evolved individuation. In primitive societies, privacy was neither needed nor required, however with increasing social fragmentation, privacy became an important tool to preserve one’s own identity.

    Paranoia about identities being stolen is an extreme reaction, but just the mere knowledge that individual activities are being recorded in a database or public record out there somewhere, and over which the individual has no control and about which s/he knows very little- this mere knowledge itself impinges on h/is freedom and erodes the integrity of h/is right to privacy.

    Demerits:
    1. Loss of individual privacy
    2. Tool for totalitarian policies ( used to stifle dissent and criticism of govt)
    3. Threat of identity theft, data smuggling, harassment etc.

    Merits:
    1. Give extensive datasets about detailed activities of public
    2. Reduce fiscal deficit: by decreasing identity-based leakages in subsidy allocation
    3. Surveillance: Control terrorism, crime

    Thus, section 7 and 57 of the Aadhar act give sweeping powers to government to compulsorily participate in efforts of mass surveillance. These features of the act take advantage of the fact that Indian masses are yet to be sensitised about the importance of maintaining privacy and the danger which looms hidden in any collective, unshared pool of public data. (212)

    • “No other country, and certainly no democratic country, has ever held its own citizens hostage to such a powerful infrastructure of surveillance.”

      Out of curiosity, isn’t the Social Security Number (system) in US on similar lines?

      Forgive the deviation and brilliant answer 🙂

      • you’re very right, aadhar is mostly modelled on social security number..and thanks!!

      • GODDAMN Batman!!

        @georgimathanninan:disqus @cityb0y:disqus
        I’m not very sure how valid it is to compare SSN and Aadhar, since a major difference is that SSN contains no Biometric Information, whereas Aadhar contains face recognition, fingerprint, and iris scan.
        Hence, Jean Dreze statement still holds that “No other country.. has ever held its own citizens hostage to such a powerful infrastructure of surveillance.”

        • Hey Batman! Thanks for the clarification

          🙂

          • GODDAMN Batman!!

            My pleasure.. 🙂
            But please do point out if I got this wrong..

  • pink

    answer pl review

  • Kunal Aggarwal

    The Lok Sabha has passed the Aadhaar money bill recently. Section 7 of the bill permits government to make Aadhar mandatory for a wide range of facilities and services. Section 57 allows government to impose Aadhaar authentication in virtually any other context. This simply means that government can use Aadhar for subsidies, paying pensions, government refunds, school enrolments etc.

    Making aadhar mandatory in some government services will help in following ways:
    1. It brings down leakage and corruption in the system
    2. Helps in bringing financial inclusion by promoting the usage of banks and thus motivating them to start new branches or come up with innovative ways to include them
    3. Aadhaar helps in authenticating the receiver of the subsidy. Cases of dead people or “non-existing” people being given benefits of various government schemes.

    However, it also has problems associated with it at very stages of implementation:
    1. It can lead to poor people not receiving their due government subsidies
    2. Less penetration of banks pose a problem in terms of people getting money in their hands.
    3. Technology issues of internet and poor biometric authentication devices

    These problems should be tackled with a well planned approach because the benefits of aadhar can not be undermined because of the problems.

    • Opponents of Aadhar have spoken about the infringement of privacy, mass surveillance and misuse of data. Maybe you could include them in the negatives as well.

      Otherwise a brilliant take. Keep writing and ATB 🙂

      • Kunal Aggarwal

        Cool 🙂 Thanks for the review!

        In case the length of the answer is increasing like in above answer, should I still mention these points or restrict myself to the ones I mentioned?

        • Restricting to word limit is absolutely crucial – for the sake of the examiner and time management.

          1) “people not receiving their due government subsidies” & “problem in terms of people getting money in their hands” – You could connect them together, cut short the words to get the message across.
          2) The next point could include ‘privacy, mass surveillance’.

          It could maybe get you an extra mark. Again Im not an expert and am an aspirant like yourself. Just a suggestion 🙂

          • Kunal Aggarwal

            Thanks 🙂

    • Keshav Singh

      pt 2. how come Aadhaar lead to financial inclusion.??
      merit part.should have added…it can help in national security, better tracking and controlling of organised crime…
      u have missed implication of section 57, which says Aadhaar no can used “for any purpose”,, this is a sweeping statement and has possibility of misuse…
      please review mine whenever you get time…

      • Kunal Aggarwal

        pt 2 – explanation i have mentioned that it gives business to banks. Major reason of banks not opening in rural areas is low business which can be covered through dbt schemes and all

        I will take care of rest points 🙂

        • Keshav Singh

          Jan Dhan is doing that(Financial Inclusion) that too is not because of business but due to PSL
          ( if you go by data of 21.22 crore account open so far only 0.76 crore accounts are opened by Pvt Banks) so Pvt Bank see no incentive or opportunity in it…

  • SRP(Sukladhwaj)

    Under section 7, the Aadhar bill can be made mandatory for a wide range of facilities and services by the govt
    Under section 57, govt can impose Aadhar identification in any context subject to same safeguards as those applying to section 7.

    Merits
    1. Govt can maintain strict timetable for employees in office
    2. Lessen the huge losses due to leakages in PDS programs and things can be shifted to DBT process similar to LPG subsidy
    3. Hoarding of black money can become difficult if AaAdhar is made compulsory while registration of properties either sale or purchase

    Demerits
    1. Privacy can misused with data like finger print or Ratina scan records
    2. There are possibilities of data theft through hacking which can misused without any legal platform
    3. Finger print may get change over years specially for manual workers

    Thus there are both merits and demerits for this new Bill. Though there are practically overwhelming merits of Aadhar card but its proposal as money bill itself created the question abut the real intention behind such Bill in use. So, we should wait for its future use and success rate and then revise our comments accordingly.

  • teju

    The provision of adar was brought with a good intention of bringing transparency in govt services, to plug leakages, and achieve goal of targeted beneficiary recent the benefits of gifts welfare prog.Although it was brought as a voluntary process recent tabling of a dharma bill has raised concerns. sec 7 of adhar bill gives govt sweeping powers to make adha mandatory for wide range of services.By dis most people will be loosing their benefits if they donk’t have adha.Therefore govt should first make all necessary arrangements to avoid problems like delays authentic failures connectivity problems.sec 57 enables govt to impose adhar identification in virtually any context like salary payments, using cybercafé etc. Merits-*helps in controlling crime, terrorist activities. * *Needy people will be availing benefits of welfare prog * *plug leakages, brings transparency in govt service Demerits_*concerns of breach of confidentiality of biometrics curtails freedom of expression,frdm of movement.,rthics to privacy of citizens. Therefore govt should address all the above concerns,make proper arrangements to safeguard d biometrics of citizens address privacy concerns before making it mandatory.

    • teju

      Kindly review my answer

  • pandeyji

    Section 7
    The Central Government or, as the case may be, the State Government may, for the purpose of establishing identity of an individual as a condition for receipt of a subsidy, benefit or service for which the expenditure is incurred from, or the receipt therefrom forms part of, the Consolidated Fund of India, require that such individual undergo authentication, or furnish proof of possession of Aadhaar number or in the case of an individual to whom no Aadhaar number has been assigned, such individual makes an application for enrolment: Provided that if an Aadhaar number is not assigned to an individual, the individual shall be offered alternate and viable means of identification for delivery of the subsidy, benefit or service.

    Section 57
    This clause provides that nothing contained in the proposed legislation shall prevent the use of Aadhaar number for other purposes under law. It provides that nothing in the proposed legislation shall prevent the use of Aadhar number for establishing the identity of an individual for any purpose, whether by the State or any body corporate or person, pursuant to any law, for the time being in force, or any contract to this effect, but he use of Aadhaar number under this clause shall be subject to the procedure and obligations under clause 8 and Chapter VI of the proposed legislation. (Ab clause 8 bhi padhna padega)

    Section 8
    (1) The Authority shall perform authentication of the Aadhaar number of an Aadhaar number holder submitted by any requesting entity, in relation to his biometric information or demographic information, subject to such conditions and on payment of such fees and in such manner as may be specified by regulations.
    (2) A requesting entity shall—
    (a) unless otherwise provided in this Act, obtain the consent of an individual before collecting his identity information for the purposes of authentication in such manner as may be specified by regulations; and (b) ensure that the identity information of an individual is only used for submission to the Central Identities Data Repository for authentication.
    (3) A requesting entity shall inform, in such manner as may be specified by regulations, the individual submitting his identity information for authentication, the following details with respect to authentication, namely:—
    (a) the nature of information that may be shared upon authentication;
    (b) the uses to which the information received during authentication may be put by the requesting entity; and (c) alternatives to submission of identity information to the requesting entity.
    (4) The Authority shall respond to an authentication query with a positive, negative or any other appropriate response sharing such identity information excluding any core biometric information.

    • pandeyji

      I read what the bill said exactly
      I am not able to correlate with the author of the reference article
      Insightians! Please use the ‘leftist’ part of mind and help me find what the author has been saying ill of.

      • bhayyia ji, smile 🙂

        author of reference article is saying Aadhar act can be misused, because of following lines/language in the act:

        ➡︎“nothing contained in the proposed legislation shall prevent the use of Aadhaar number for other purposes under law”: keyword here, is “nothing”, as it creates grounds for exception, laws should have as few exceptions as possible, ideally none.

        ➡︎”establishing the identity of an individual for any purpose“: this needs to be read as separately from the next point (any law), “any purpose under any law” might sound like it’s lawful, but it can be construed to carry out extra-legal “purpose”, while remaining within the protective purview of the blanket legislation.

        ➡︎”pursuant to any law“: even if some crazy super-majority wielding govt. tomorrow passes acts like TADA, POTA etc., AADHAR can then be used to give executive effect to such insane laws.

        ➡︎”or any contract“: even more dangerous since no legislation is required to screw you over

        • Cityboyji
          “nothing contained in the proposed legislation shall prevent the use of Aadhaar number for other purposes under law” – yahan par bill bolta hai ki nothing shall prevent the use of the Aadhar card for identification purposes..it is not saying ki Aadhar card HAS to be used for identification purposes

          “establishing the identity of an individual for any purpose”
          again yahan pe bhi bill is saying the same thing

          I think the bill is ensuring the authenticity of the Aadhar card by mentioning ki har jagah aadhar card can be used…koi bhi yeh nahi bol sakta ki tumhare aadhar card ko hum identity nahi maante
          Ek baar gaur se phirse padhiye exact lines…main ulta bol raha hun kya?

          • “Nothing contained in this Act shall prevent the use of Aadhaar number for establishing the identity of an individual for any purpose, whether by the State or any body corporate or person, pursuant to any law, for the time being in force, or any contract to this effect:
            (Provided that the use of Aadhaar number under this section shall be subject to the
            procedure and obligations under section 8 and Chapter VI.)”
            copy-pasted from Aadhar Bill, Chapter 8, Section 57.

            Koi bhi agency agar chahe hain toh aapka details aadhar card se le sakte hain. Including the biometrics and other personal details.

      • Abdus Sami

        “leftist part of the mind” hahahaha

      • pandeyji, as you can read, section 7 states that the govt. can make aadhar compulsory for certain govt. services such as LPG subsidy, DBT, etc.
        But, section 7 also provides that in cases where individuals do not have an aadhar card, he/she will be provided alternate means of identification.
        There is no clarity in what the ‘alternative’ is. Hence, it is safe to assume that if you do not have aadhar and govt. makes aadhar mandatory, you’re done dana done !

        Section 57 states that the Act does NOT prevent sharing of information with any agency. I don’t know about you but I wouldn’t feel comfortable the IB or the CBI monitoring my calls and my whatsapp messages.

        P.S: I used the neutral part of my mind.

        • Humanji
          Please read my reply to Cityboyji’s comment..tell me if i have misinterpreted

  • Aman

    Adhar card introduced as a new identity card has been appreciated by many scholars for its ability to reduce corruption and leakages.
    It has been passed by Lok sabha as a money bill with section 7 which gives government sweeping power for making adhar mandatory over wide ranges of services and section 57 which enables government to impose adhar for other context. Every policy has both side of the coin which are as follows.
    Merits
    1. will help in reducing leakages and reducing corruption.
    2. Reduction in leakages will lead to financial inclusion thus improving the condition of distress rural economy.
    3. Better disbursement of social and welfare schemes will result in setting up of egalitarian society, one of the feature of our constitution.
    4. For following crime and terrorism.
    Demerits:-
    1. Undemocratic:- Having easy access of individual information through adhar Card by Intelligence agency is against the democratic nature which emphasizes on personal privacy .
    2. Mass surveillance can lead to dissolution of democratic process and promote autocratic form.
    3. specific leakages can be removed by Adhar where there is question of duplication of Identity.

    So focus should be on minimum use and maximum safeguards for achieving the desired result of the Adhar card.

  • Achilles

    Under Section 7, the Bill gives the government sweeping powers to make
    Aadhaar mandatory for a wide range of facilities and services. and Section 57 enables the government to impose Aadhaar identification in virtually any other context, subject to the same safeguards.

    Merits of Section 7 and 57 of the Aadhaar Bill:
    1. Making Aadhaar mandatory was important as using multiple alternative for delivery of services and subsidies nullifies the benefits of Aadhaar and would have been inefficient economically.
    2. The whole purpose of making Aadhaar for wide range of facilities and services is that it helps Govt. to target beneficieries better and track their needs better because multiple agencies and ministeries at centre and state level are offering services/subsidies.It is important to streamline them and have reliable single source data of their entitlements.
    3. This comprehensive coverage is a way forward to cashless economy.

    Demerits:
    1. The experience suggests that biometric data is not always reliable esp. for manual workers whose fingerprints are difficult to authenticate.
    2. This gives an opportunity for governement to establish an ‘orwellian’ society by mass survelliance of private data at a time when we still do not have a privacy law in place.
    3. The cyber security architecture is in shambles. The security of these data is important.
    4. Overarching freedom to use it for any other purpose is in violation of SC judgement and the manner in which such sensitive issue was brought as money bill without any effective parliamentary scrutiny of its provision is questioning the intent of the executive.

    • you have understood the demand of question very well! – which asked to critically analyse section 7 and 57 of aadhaar bill, not the whole bill itself.
      the only thing that i would suggest is that kindly refrain from saying cyber security architecture is in shambles…say cyber security architecture needs to be concomitantly strengthened…or needs upgradation…one could easily counter act by saying “the whole net banking thing needs secure internet, if there’s no cyber security how is that functioning?”
      secondly, conclusion could have been better (assuming point 4 was a concluding remark!)

    • Achilles ji question ke hisab se aapka answer acha hai..bas ek baar first three lines ki authenticity dekh lijiye
      I mean exact bill ka text dekhiye in dono sections ka (i have quoted them in my answer) and fir bataiye ki sachme jo ye author bol raha hai waisa hai ki nahi..mere hisab se nahi hai

    • Shubhashish

      I’d suggest re-arrange the merits part.. i feel if u describe adhaar first and give out its benefits to government will make it better and reduce words required.. nice ans though..

    • Kartik

      Nice one…by the way “biometric data” , doesn’t it include other arrangements like iris scan ? Also regarding “violation of SC judgement ” , it need not be necessarily true, it was more in the context when AADHAR had no legal backing nevertheless you can see this attempt of legalizing Aadhar to escape the ambit of SC’s judgement for time being.

  • Keshav Singh

    The Aadhar Bill 2016, recently passed by Lok Sabha, as it was a money bill, with Presidents approval it will become an act. It has been criticized for many reasons, making it mandatory for service delivery(though not completely), concern for privacy, mass surveillance and passing it as money bill are some of them. Section 7 and Section 57 are nub of the criticism.

    Merits:
    Section 7:
    >> it will help in plugging leakage
    >> targeted delivery of services.
    >> reduced cost of service delivery.
    Section 57:
    >> this provide a leeway to the govt agencies to use it for “national security”.
    >> it has provided safeguard that authorization of officer not below the rank of Joint Secretary to the Govt of India is required for any data usage for national security.

    Demerits:
    Section 7:
    >> making Aadhaar no. compulsory would lead to unnecessary delays.
    >> as alternative means of identification are inadequate especially in backward state, it will compound their problems.
    >>it is merely identification no, so leakage plugging is not as effective as has been claimed, especially in PDS.
    Section 57:
    >> exception of use “for any purpose”, gives sweeping powers to the govt/ authorities.
    >> this has chance of wider misuse and can be used as tool of crushing dissent and curtailing free speech.

    The recent Aadhaar bill is different in many ways and better safeguards than its preceding avatar, but it has some vague provisions which impinge of privacy and free speech. Its presentation and passage as money bill should have been avoided.One hope that it achieve it envisaged goal without stifling dissent, privacy and free speech.

    • Keshav Singh

      please review ….
      criticism and suggestion are welcome…

    • Kunal Aggarwal

      I don’t understand the demerits you mentioned for section 7….
      1. How is aadhar compulsion increasing delays? Other than that biometric problem mentioned in today’s news but that’s a technology failure which can be fixed.
      2. how is leakage plugging weak? Identification number is being used with biometric authentication which would mean no one else take their money from bank as well.

      • Keshav Singh

        1. if someone has no AAdhaar , he/she will not be able to avail the benefit …and service daredevilry to such person will be delayed in search other alternative of identification(esply when entire service delivery is dependent on AAdhaar)..
        2. identifying is not a problem…however leakage plugging will be weak vis-a-vis what is claimed of it, PDS is best example….there are many diversion which cannot be plugged by mere identification of beneficiary…

  • Deepthi Andela

    -Sec 7 of the Aadhaar Bill- this gives power to the government to make Aadhaar mandatory for a wide range of facilities and services.
    Sec 57 of the Aadhaar Bill- enables government to impose Aadhaar identification in any other context, subject to same safeguards of Sec 7 of the Bill.
    -The Aadhaar Bill introduced as a Money Bill by the Lok Sabha to provide a statutory backing for the collection of information of the individuals and at the same time safeguarding the right to privacy under Art 21 has the following merits and demerits when seen in the light of of the above two sections.
    -Merits:
    a) Huge information/ database at the disposal of intelligence agencies/ government.
    b) Facilitates complete tracking of an individual’s actions.
    c) A one stop identity solution for all government related works- PDS, pensions, marriage certificates, etc.
    -Demerits:
    a) Enables mass surveillance- an aadhaar card holder would be in the eyes of government, knowingly unknowingly .
    b)A halt to civil liberties and personal freedom- against democratic principles of freedom which the Supreme Court wanted to protect under Art 21 of Right to privacy.
    c)Claiming Aadhaar to be voluntary and attaching the same to various crucial elements of public related services
    d) Could be used as a tool for curbing dissent/ totalitarianism.

  • Shiuli

    Section 7 of the Aadhar Bill allows the government to require an individual to furnish his Aadhar Card or apply for one to avail of subsidies, services etc. but would be provided another identification system if Aadhar number is not assigned

    The merits of this clause are –
    1. Would allow the government to reintroduce schemes like Digi-Locker, Jeevan Praman etc. which were sidelined due to lack of Aadhar’s statutory backing
    2. Doesn’t make Aadhar mandatory (in line with SC’s view), as provisions for alternative identification is incorporated

    The demerits are –
    1. No obligation upon the government to create enabling infrastructure for all-round coverage
    2. No clarification on whether alternate identification would have statutory backing like Aadhar

    Sec 57 of Aadhar Bill allows the State to use Aadhar number to establish an individual’s identity provided provisions under Sec 8 and Chapter VI are considered.

    The benefits are –
    1. Violation of privacy is addressed as the consent of Aadhar number holder would be required
    2. Penal provisions for unauthorized data-usage from Central Identities Data Repository will discourage misuse, identity theft etc.

    Demerits –
    1. In the absence of an external regulatory structure, the data collected may be used for surveillance
    2. Courts will not be allowed to take cognizance of any offence except on complain made by the Authority limiting judicial scrutiny

    • Amit Kumar

      Big points missing:
      – Will reduce leakages in subsidy- , help in arresting corruption ,
      – will help in financial inclusion,

      “Doesn’t make Aadhar mandatory (in line with SC’s view), as provisions for alternative identification is incorporated rekindling debate over violation of privacy by non-statutory provisions” —- This can’t be a Merit!

      • Shiuli

        1. Yes .. Agreed

        2. I mixed up a sentence actually.. Corrected.. Thank you for pointing it out..
        KWAR.. 🙂

  • Ambarish

    Section 7 of the Aadhar Bill grants the govt powers to make Aadhar mandatory for wide range of facilities and services. Similarly Section 57 of the Aadhar Bill gives it powers to make Aadhar based identification mandatory for provision of any of the services
    Criticism of these clauses
    1. They appear to be as the precursors for setting up a police state in the country
    2. Though the Supreme Court had ruled that enrolling into Aadhar was voluntary for individuals, these clauses can be seen as a workaround to practically make Aadhar enrollment mandatory
    3. They will give sweeping powers to the govt to monitor its citizens
    4. Without absence of safeguards in the bill, there is a risk of compromising the privacy of citizens and making them vulnerable to access by security agencies
    Granting statutory backing to Aadhar has the potential of optimizing the targeting of subsidies to deserving sections in the country and thereby plug in the leakages. However, if these serious questions infringing upon the fundamental freedoms of citizens are not addressed, it might turn out to be a dangerous weapon in the hands of the govt

  • SVSR

    The recently introduced AADHAR Bill has been praised for moving ahead to make our subsidy regime efficient by curbing leakages in the system. However, certain clauses like Section 7 and 57 have been criticised for igniting almost mass surveillance on citizens.

    Section 7 of the Bill grants authority to the government to make AADHAR mandatory for a wide range of facilities and services. Alike, Section 57 facilitates the government to extend AADHAR card even for other contexts like Bank Accounts, Driving Licences, PAN etc.

    Merits:
    1) Existence of unique identification number and its mandatory requirement for government services facilitates to curb leakages and corruption in the service delivery and subsidy systems and ensures its smooth and effective functioning.
    2) Retrieve the earlier halted schemes due to lack of statutory authority to AADHAR like Digi-Locker.
    3) Facilitates analysis and gives empirical evidence on various dimensions and facilitates better governance and decision making alike the Big Data approach.
    4) Opens way for the introduction of modern concepts like nudging in service delivery.

    Demerits:
    1) Against the interpretation of the SC – “AADHAR should not be made mandatory for the service delivery of government for the people eligible for those services”.
    2) Mass surveillance – When AADHAR is extended to other services under Section 57, the databases used by those agencies are not shielded against information leakage. Therefore, it will be a complete breach of privacy which is crucial for the fair play of various forces that expand civil rights.
    3) Our cyber security infrastructure is almost obsolete to the new threats emerging in the digital world, and the same limitation has been taken into consideration for granting access of encrypted data to intelligence agencies since there is no guarantee that this data would not go into the hands of private persons.

    Therefore, in order to uphold the privacy rights of citizens, it is necessary to restructure the Bill in a comprehensive manner.

  • Akhil

    Recently passed aadhar bill by loksabha has some controversial provisions, important among them are sec 7 and sec 57.

    Merits office sec 7.
    -it provide for use of aadhar mandatory for availing benefits of government services.
    -it will help check leakages, duplication of beneficiaries in availing services.
    -it will bring transparency in government services and make service delivery fast and effective.
    -corruption will come down.
    -save Govt subsidies.e.g.govenment saved around 15000 crore rupees on lpg subsidy due to introduction of aadhar last year.

    Demerits.
    -against the guidelines of SC, which has ruled several time they aadhar can not be made compulsory for availing government benefits.
    -poors will be eliminated due to non availability of aadhar.
    -technical glitches associated with aadhar can not be denied. It will increase problem of people.

    Sec 57 allows government to use aadhar data of citizens to use for ‘national security’ purpose as per the guidelines given by government.

    Merits
    -help curb anti national activities in time.
    -prevent money laundering, havala trasction.
    -security of aadhar data will get legal backege, which was not available till now.

    Demerits
    -violation of right to privacy as enshrined in constitution.
    -makes citizens vulnerable as inappropriate use of aadhar data will risk their private security

  • atul vashishth

    Review

    • Delhi boy

      imageissue

  • atul vashishth

    Plz

  • black mamba

    Please Review
    Page1

    • black mamba

      Page2

    • Wah! pehle page pe 5 and dusre page pe 3 upvotes 😀

      • black mamba

        Pandeyji
        Shayad selective preference ka chakkar hai !
        😛

    • Saint Shambhujs

      Nice presentation

      • black mamba

        Thanks!
        I guess.
        Toppers do say it in their interview. It saves word limit and answer is much more understandable

        • Saint Shambhujs

          Okay. Thank you.

  • Shaktimaan

    Section-7:- gives government “sweeping power” for making aadhar mandatory over wide ranges of services.

    Section-57:- enables government to impose aadhar for other context.

    Merit :-
    – Will “unify” the delivery system thus entangled the consumer as well as govt from multiple mode of identification for multiple welfare schemes which in turn easing the disbursal system with correct targeting of beneficiary.
    – Biometric data can be uses by high commissioned govt employees for national interest to curb the bad elements from the society.
    – Somewhere leads economy toward “cashless” regime. Thus arrest chances of leakages and corruption.

    Demerits:-
    – Because of “sweeping power” clause, it lead the govt to surpass the deliberations by introducing it as “money bill” (as it not required RS’s consent necessary). Thus breach of democratic value and dent on “bicameral” parliamentary system.
    – As there is “survelliance” issue>> though to curb unlawful surveillance there is provision of “oversight committee” but it breach the FR of privacy and can be state as unconstitutional.
    – Even during its launch UDAI made it “voluntary” step, but after its approval it become mandatory, can create problem to marginal societies and to those who have other means, for the access of benefits.

    Even several report says biometric data is not compulsory for manual jobs (MNREGA) and SC too question its mandatory clause, therefore govt must go for ordinary route in parliament, otherwise it will set bad prescedent on future govts to bypass the constituitonal convension of discussion, so that valuable amendments can be included to replaced it from controversial hot bed.

    • Hey Shakti!!
      Money bill wala point is not valid! just focus on 7 and 57 here!
      you can mention surveillance breaches right to privacy and civil liberties.
      Also under section 7, compulsory for salary payments, old-age pensions, school enrolment, sim etc lena is by aadhar so jinka nhi bana, they will be in problem—> ye middle class ki problem ho skti hai main jinka nahi bana h aadahr!!
      thank you my dear friend :):):):)

  • Neelotpal

    “History shows that the mere existence of a mass surveillance apparatus, regardless of how it is used, is in itself sufficient to stifle dissent.”
    – Glenn Greenwald( Lawyer and journalist in ‘No Place to Hide’)

    Section 7 of the AADHAR BILL seeks to make AADHAR Card mandatory for a variety of services including welfare schemes as well as any other instance where payment is made from Govt treasury. Section 57 allows other body corporate or person to use the Aadhaar number for the purposes of establishing identity of an individual after following provisions in Section 8 (Procedure for authentication by requesting entity), and Chapter VI (Security & Protection of Data) of the Bill.

    These provision would help in following ways-
    1. In better targetting of government schemes like subsidies, etc. This would also have a salutary impact on FISCAL DEFICIT.
    2. A database of citizens could be used fro purposes of national security. AADHAR can be used as alternative of NATIONAL POPULATION REGISTRY.

    But the provisions raise certain apprehensions:
    a) First, SECTION 7 IS AMBIGUOUS. Its proviso does not say how an individual who does not possess AADHAR will ‘be offered alternate and viable means of identification for delivery of the subsidy.” Justice AP SHAH PANEL had recommended in 2012 providing alternate means to citizens and giving this wide publicity.
    b) By allowing third non-government parties like ‘body corporate” or persons to use AADHAR as means of establishing identity, it opens this private data for misuse. The protection of CHAPTER VI (Security & Protection of Data) will need a mechanism to enforce.
    c) This data may be used for swooping on citizens. Goa Bench of Bombay HC had directed UIDAI to share data with CBI for solving a rape case. Even if there are limited occasions, this would have a CHILLING EFFECT ON DISSENT.

    Despite this a redeeming feature of the bill is that it penalises revelation of data or accessing the centralized database by SI upto 3 year and a minimum fine of 10 lakh. Hopefully that would deter misuse. ( ~310 Words)

  • mth_im

    Section 7:- of aadhaar Bill gave the govt right to make adhaar “mandatory” for wide range of services and financial assistance.
    Section 57:- enables the govt to impose identification in any context.

    The idea behind these two sections clearly indicate the true intentions of the govt. In spite of several rulings from SC that Adhaar can only be voluntary it is being overlooked and overturned by legislature.

    Merits of Section 7and 57
    1. It can be used as easy, verifiable,certified document for many people .
    2. There will be reduction in leek ages and pilferage.
    3.Will help in maintaining the security and sovereignty of the country.
    4.SMART and Efficient,Robust one step delivery mechanism will be developed.

    Demerits of Section 7 and 57

    1. Last Mile challenge act as impediment in 100% implementation and penetration
    2. Right to privacy compromised.
    3.Fear of constant snooping and surveillance will be enhanced.
    4.Security sovereignty will be compromised.

    The Idea of using Adhaar number for disbursement of financial services and subsidies. is noble, but it should not be compromising on citizens right to privacy and should work under principle of “minimum use maximum safeguard” rather than vice versa.

  • adhar Bill has been in controversy from the time of its inception. In the beginning it was just a “voluntary” enrolment project, but was made mandatory for a lot of facilities and services, leaving people to get enrol in it involuntary to get benefit of all those services.

    Merits of Section 7 and 57 of Aadhar Bill:

    Section 7:
    1) Government can save huge amount of money by plugging leakages.
    2) Can curb duplication in LPG beneficiary list.
    3) DBT and subsidies by Aadhar enabled bank accounts.

    Section 57:
    1) It enables the government to impose Aadhaar identification in virtually any other context as it finds suitable for “national interest”.
    2) Mass Surveillance can be done on citizens if their activities come “under cause of concern”.
    3) Data can be used by Intelligence agencies without any breach of code as it is mentioned in Aadhar.

    Demerits of Section 7 and 57:

    Section 7
    1) It makes Aadhaar necessary for receipt of certain subsidies, benefits and services leaving many BPL people out of the benefits who are not enrolled.
    2) Aadhaar authentication is compulsory for salary payments, old-age pensions, school enrolment, getting a driving licence, buying a SIM card, thus effecting a wide range of middle-class families too.

    Section 57:
    1) Mass Surveillance breaches the right to privacy of a person which is a fundamental right.
    2)Threatens civil liberty and personal freedom.
    3)Biometric data can be misused by Intelligence agencies at the time of peer-pressure.

    Both merits and demerits of the bill provide a clear view that it can be used as a ladder to uplift the people,and at the same time it could haunt them like a demon. Proper use of Aadhar bill and by removing the loopholes which are unjustified, should be the way forward.

    • Shaktimaan

      hi bhaii !!
      ek baat>> sect 7>> sweeping power to mandate it>> sweeping power>> bole to by hook or crook isko mandatory bnale ka h>> dats y govt money bill wala route choose karela h>> to mere ko lagela ki “money bill ” ka hona magta h>>>isliye apun b likhela and aap ko b btayela:):)
      57 demerit>> 1n 2 point ekshch hi bat bolele>>privacy+civil liberty+personal freedom>>club karela point ko.
      baki sab masttt likhela ho aap:):):)
      ek aise hi swall>> yeh aapki profile pic main eminem hai?…….chota rajan jaisa lagela hai…..yeh photu zra kala gora h na to pta ni chalela ache se………….:D

      • yaar money bill wala route to islie chose kia h kyunki agar money bill nhi banate to Respected rajya Sabha wale kabhi pass nhi hone dete ye bill(opposition part walo ki majority). but i got your point 😀
        And privacy= mere mumma ne rajma banaye h! ye mjhe pta hai tujhe nhi!
        personal freedom=meri marzi h me wo rajma khau na naa khau!
        civil liberty- the state of being subject only to laws established for the good of the community. Agar rajma me khau to kisi na nuksaan to nhi? nahi, to that means mera rajma khana is not bad for the community!!
        i hope tujhe clear hua ho differentiation!!
        Haan bhai, Eminem fan! Eminem ko Chota chetan se compare kia? janta maaf nhi karegi!! 😐
        and Thank you my dear friend :):):):)

        • Shaktimaan

          ohk rajmah samajh lag ge……..hahahahahah
          sory bhai………..long live eminem!!!

  • Arduous

    Aadhaar Bill passed in the parliament as money bill,thus making mandatory use of Aadhaar card.

    The clause 7 says that aadhaar card is mandatory for the delivery of benefits,services or subsidises to the citizens of the India.the various merits and demerits are as follows:-
    Merits;-

    1. Efficient Transfer;- Faster delivery of services without any delay.
    2.No leakages:- No corruption and high transparency in delivery of services.
    3.Easy to claim:- The benefits can be claimed in easy way by citizens at the banks and less red tapism.
    4.Less documentation:- unnecessary use of papers in claiming the benefits will be reduced.

    Demerits:-
    1. Lack of Bank accounts:- Most of the rural population are devoid of financial inclusion.
    2. Illetracy;- The basic and financial literacy is low in rural areas.
    3.Not full proof;- Aadhaar card will provide less benefits in PDS system.
    4.Internet connectivity:- internet connectivity is low in rural areas thus delay in benefits through Aadhaar card.

    Clause 57 says that Aadhaar card can be used as ID proof for other utilities like railway booking , insurance application, estates sector etc..The merits and demerits are as follows:-
    Merits:-

    1.universal application:- Aadhaar card is mandatory now so every citizen will have atleast one ID proof , so he can benefits of other services as well.

    Demerits:-

    2.Mass Surveillance;- the aadhaar card can be used by third party for dissemination of important information and bill has no clause for destruction of aadhaar copy after its authentication of private entity.

    Thus bill clause 7 & 57 will boost the delivery system and also do not curb the basic rights of citizens , but right to privacy to be maintained with in the bill for efficient and effective use of Aadhhar cards.

  • ankgarg0402

    he Aadhar Bill envisages transparent and efficient disbursal of government subsidies to the target population by validation of Aadhar biometrics. There has been a debate on the compulsorily use of Aadhar and its infringement to Right to Privacy with the Supreme Court ruling that Aadhar cannot be made mandatory for the purpose. The Bill tries to fill in the gaps and address the issues on security.

    Section 7 provides the government of the day with sweeping powers to make Aadhar mandatory for a wide range of services and facilities and section 57 extends it to virtually any other context.

    Merits of these-

    1. Efficiency- Universal enrolment is a requisite to plug loopholes in the subsidies transfer mechanism plugged with huge amount of diversion and corruption

    2. Transparency- With JAM trinity, the system would be more transparent clearly eliminating ghost accounts.

    3. Fiscal prudence- The proper targeting would reduce the burden of subsidies and relieve fiscal deficit.

    Demerits-

    1. Snooping- In the light of Edward Snowden revelation, concerns of governmental snooping have increased

    2. Adaptively Dilemma- The system requires robust ICT and skilled manpower which may deter its implementation in remote locations

    3. Verification problems – The work profile of large unorganised sector renders poor fingerprints that may leave them out of the subsidy entitlement on Aadhar being made compulsory.

    Although Aadhar has a huge potential in addressing the inherent problems in cash transfers, there is a need to address all the issues like verification problems to make sure not even a single beneficiary is left out of it. It should be an enabling platform for access and not a deterring factor in the same.

  • Chandan Kumar Singh

    Aadhaar was created to provide unique identity to the citizens of India, as a centralised data depository.But, now it has come under a debate, due to its infringement of privacy of the individuals.

    Section 7: It gives sweeping power to make Aadhar mandatory for a wide range of facilities and services.

    Section 57: To expands the Aadhaar requirement, to any other context.

    Merits:
    1. A single ID will suffice for wide range of services. It could remove the need for multiple ID cards for different services.
    2. It removes the chances of fraud in services, due to duplicate ID’s.

    Demerits
    1. It opens the door for mass surveillance.
    2. It is in contradiction to Right To Privacy, Article 21.
    3. Making it compulsory would be problematic for manual labours, who’s finger prints are sometimes not properly visible.
    4. It will be disadvantageous for Tribals and forest dwellers, remote villagers etc, who do not still have Aadhaar cards.

    Thus, a holistic approach of government is needed, so that the poor and disadvantageous people are not left out. Also, due to theses challenges, this may not be the appropriate time to make it compulsory.

  • TARGET 2016

    Critically analyse the merits and demerits of Section 7 and 57 of the Aadhaar Bill. (200 Words)

  • Ledger

    2) Critically analyse the merits and demerits of Section 7 and 57 of the Aadhaar Bill

  • Kabir

    Section 7 of the Aadhar bill gives sweeping power to make Aadhaar mandatory for wide ranging services. Similarly, section 57 allows to establish identity of the person using Aadhaar card. In this regard the associated merits and demerits of the sections are discussed below.

    Merits
    ———-

    1. Reduced leakages – by leveraging IT based infrastructure and fool proof identification
    2. Effective targeting of beneficiaries – such as women, minority, children, ST/SCs etc
    3.Prevention of corruption and other malpractices – by introduction of transparency and accountability
    4. Promotes cashless economy and double repression caused through distortionary subsidies

    Demerits
    —————–
    1. Glitches in biometric identification – the mechanism is not 100% reliable which often results in delay in service delivery.
    2. Violation of civil liberties – which might result in uninterrupted surveillance by intelligence agencies which may violate right to privacy as established in Article 21
    3. It may introduce Executive despotism by subverting democratic values.

    Way Ahead
    ——————
    The induction of Aadhaar scheme without adequate safeguards may not be a viable proposition. Before introduction of any such scheme , it should be preceded by establishment of robust cyber architecture with sufficient safeguard mechanisms to ensure accountability and reinforcing civil liberty.

    • InsightsOfficialReview

      Write in context of section 7 and 57, as question specifically asks to critically analyse these 2 sections.

      Marks – 4.5/10

  • Introduced as voluntary enrollment, we saw in time the Aadhar details being coupled with the banking system, the PDS and the DBT system making it mandatory on the way. The confusion that arose on making a voluntary enrollment mandatory was addressed by the SC stating that, in layman’s terms, a person cannot be rejected from any beneficial program because he doesn’t possess an Aadhar card provided that he has other valid identification proofs. The Aadhar bill is a strong statement against this verdict. The Aadhar bill was passed as a money bill under the justification that any bill that deals with money withdrawal from or addition into the Contingency Fund of India (section 110) was a money bill, on March 2016.
    The Section 7 of the Aadhar bill has provided the Govt. sweeping powers to make the Aadhar mandatory for any and all services (PDS, EPF, DBT, LPG subsidies, PMJDY, etc.) and Section 57 does not provide clarity on disclosure of personal information to various agencies.

    The merits of the Sections can be listed out as:
    1. Less corruption in PDS, DBT, EPF, and other subsidized and beneficiary services of the Govt.
    2. The Aadhar database provides accurate information in determining the economic status of various sections of society.
    3. Aadhar services will facilitate the reach of Financial inclusion services to the last citizen.
    4. Though the population growth rate stands a few decimals shy of 2%, this is not the case state-wise or regional-wise. Aadhar can provide accurate population and its growth percentage regional wise and thus effective implementation of policies and other govt. programs.

    The de-merits can be listed out as:
    1. The use of Aadhar technology is over burdening in less developed states who cannot cope-up with the present technological trends. Making the aadhar mandatory may render counter-productive in these regions.
    2. The bio-metric data collected is unreliable unless it is updated on a regular basis in the case of laborers.
    3. Considering the violation of privacy rights of citizens as in the case of US where the national intelligence agency was accused of snooping into their citizen’s phone calls, people’s actions in real-time can be monitored.

  • manish v bawane

    Adhar bill

  • BRK

    A DOUBT : Mr.Dreze argues that Aadhaar will be virtually useless to prevent leakages in PDS using the Adhaar ecosystem. How can that be ? By making Aadhaar linked biometric info mandatory for disbursement , it will become almost impossible to divert foodstuff into the blackmarket and create ghost beneficiaries . Right ?

  • puneet

    Adhar card initiative was a successful programme by Indian government and also peoples participation was massive started in 2009 and till now approx 100 crore Indian enrolled . main aim was to provide proof of citizenship , national security and to provide targeted services .

    Recently government tabled the Aadhaar bill in parliament and Under Section 7, the Bill gives the government sweeping powers to make Aadhaar mandatory for a wide range of facilities and services. Further, Section 57 enables the government to impose Aadhaar identification in virtually any other context, subject to the same safeguards as those applying to Section 7.

    Merits
    1. Government can easily provide targeted services to the people eg subsidies, scholarships etc.
    2. Election commisions can use Aadhaar no to cross check its own database to correct mistakes.
    3. Leakage will be be able to curbed. Wages of MGNREGA, claims etc.
    4. For drafting future policies government can use this database to target particular section of the population.farmers under debt their financial status can be analysed . instead of having loa n for all targeted population can be identified .
    5. National security benefit – to track terrorists and also to locate illegal immigrants from other countries.

    Demerits
    1. Privacy concerns – misuse by intelligence agencies to track even common man, Mass surveillance.
    Misuse by ruling party for electoral identity.
    During communal violence used by non state players.
    Even opposition parties who once ruled at the centre can misused it to destabilise the government.
    2. National security – today we live in the threat of cyber war so hackers of enemy country can steal the data and the whole country will be threatened.
    3. Misuse by the business community to expand their business which will against the spirit of competition .
    4. Inefficient service delivery – it was seen in jharkhand that the biometrics detail didn’t match of the beneficiary and that person denied services despite of having authentic Aadhaar number.

    • InsightsOfficialReview

      Question asks to critically analyse the merits and demerit of section 7 and 57 of Aadhaar Bill and not the whole Aadhaar itself.

      Marks – 4.5/10

      • puneet

        Thanks insight… I’ll stick to the demand of question only.

  • nucleus

    Please criticize my dear friends…

    The Aadhaar Bill is at the focal point of controversy on the ground of immediate ‘raising status’ of the bill from ‘voluntary’ to ‘mandatory’ just after the inception.

    SECTION 7 of the bill empowers the government to make Aadhaar mandatory for a wide range of facilities of facilioties and services.

    MERITS-

    1.Plug leakages, those related to duplication in beneficiary states. E.g.- LPG subsidy.

    2.Fosters the DBT scheme of the government.

    DEMERITS-

    1.The poorer states are least prepared for this technology and as a result many poor people are deprived of the essential benefits and services.

    E.g. In Jharkhand MGNREGS functionaries have cancelled job cards on a large scale, which actually violates the ‘right to work’ (Article 41) of the constitution.

    2. Wherever ‘Aadhaar’ authentication has been imposed on the PDS, there have been complaints of delays, authentication failures, connectivity problems, and more.

    SECTION 57 of the bill, enables the government to impose Aadhaar identification in virtually any other context (apart from section7 area) subject to the same safeguard as applying to section 7.

    MERITS-

    1.Total surveillance is the dream of the intelligence agencies to maintain the national security efficiently.

    2. Give extensive datasets about detailed activities of public.

    DEMERITS-

    1.By making biometric data easily accessible, it act against the fundamental right by violating the ‘right to privacy’(Articxle21) of the constitution of India.

    2. Through this India government will be inclined to watch and control dissenters of all hues and ultimately impede the ‘freedom of dissent’.

    3.Mass surveillance threatens to halt the historic expansion of civil liberties and personal freedom and completely act against the democratic principles of the government.

    So focus should be on minimum use and maximum safeguards for achieving the desired result of the Adhar card.

  • Ram

    Hi,
    Please review. (283)

    The Aadhaar Bill was introduced in the parliament to provide legal backing to the Aadhaar Unique Identification Number. Two section of this bill are being highly scrutinized and are amid of many heated discussions. They are:
    Section 7: The section 7 of the Aadhaar bill gives the government sweeping powers to make Aadhaar mandatory for a wide range of facilities and services
    Section 57: Enables government to impose Aadhaar identification in virtually any other context

    Merits:

    1. Prevents duplication of records thereby ensuring unwanted leakages in the policies and schemes provided by the government
    2. A single accurate point of identity gives government an easy way of implementing its policies and schemes to the public. Example: Social Security Number in USA
    3. Since it is universally accepted it can be used for a diversified range of services. Examples: Opening bank account, Voter Card Linking, Digital Locker, Digital Life Certificate
    4. Helps migrants with a proper identity wherever they go
    5. Very difficult to duplicate thereby highly authentic

    Demerits:
    1. The cost of implementing Aadhaar across India is huge. An average cost of 2500 rupees per card is estimated. This puts lot of weight on the costs to benefits offered by Aadhaar
    2. Implementation in a huge country like India is a very big challenge. Many PDS centres have reported delays and authentication failures where Aadhaar identification has been implemented
    3. Aadhaar can plug leakages related to duplication of beneficiary. However, it cannot prevent leakages in Public Distribution systems (PDS)
    4. Opens door to mass surveillance which might be in conflict with the Right to Privacy
    5. Becomes a direct target to hackers due to the huge wealth of personal information about the public

    Thanks.

  • Bishuupsilon

    Aadhar bill was passed from Lok sabha as money bill. The primary reason for introducing this bill as money bill is that it is targeting subsidies.
    Clause 7 of bill states that government for the purpose of delivering subsidies, benefits, services may require aadhar card as an identity proof for beneficiary, show possessing the aadhar card and in case he/she does not possess aadhar, card enroll for it
    Clause 57 states that any public or private entity may ask for aadhar card for establishing the identity of person

    Merits of clause 7 and 57

    1. It will be easy for government to identify beneficiary of subsidy. Government can easily identify the target group for subsidies or services.

    2. Leakage will improve as the double registration of single person for same service will be identified easily

    3. Clause 57 provision will be helpful in identifying criminal by police or other investigation agency.

    4. Banks would also be beneficial if they will make it mandatory for taking pension as some time in case of old age pension instead of pensioner it is family member who came for taking pension and misusing it, This issue will be resolved.

    Demerits of clause 7 and 57

    1. In rural area due to lack of connectivity, biometric identification problem, complaints of delay are rising in PDS.

    2. Approximately 40% aadhar card holder do not find it beneficial for getting government benefit.

    3. Clause 57 may empower other entities like telecom, airline etc to make aadhar as identity proof for delivering their services

  • nilanjan roy

    the Unique identification authority of india a central government agency has launched the aadhaar project which aaims to collect the biometric and demographic details of a resident an issue a 12 digit identification number.the section 7 and section 57 of the aadhaar bill will give the power to the government to make aadhar mandatory for wide range of services and facilities.
    Merits:
    the bill will help the government to uniquely identify each and every residents of india and enable them to plug the frauds in identification lists of various services for eg LPG cylinders

    the benefits or the cash incentives can be directly transfered to the concerned persons without any middle level thus will help to bring more transparency

    the single certified identification for various services will help to bring down the complicacies regarding identification.
    demerits:
    the main demerits is the privacy issue as this will help the intelligence agencies to track each and every individual.
    the issue of mass surveillance as this will take away the freedom of the country. it is for this freedom that the country had shed blood and tear.
    the problems of delay,connectivity will occur technology hasn’t penetrated much in india

    the application of aadhar is very limited as it is mainly applied to check identification frauds and its application in public development systems will create unnecessary havoc as it has created in jharkhand where aadhar has been applied.The MGNREGA officials has cancelled a large number of job cards for the sake of 100% aadhar seeding of job cards.the rural banks has with hold the MGNREGA workers on aadhar enabled bank correspondent as they failed to pay due to poor connectivity.
    Hence the application of aadhar to wide range of services is a very positive step by the government and through effective implementation it can strengthen the various services and facilities of the government

    The application of aadhar is a great initiative towards a effective and transparent system of governance has it will help to eradicate the corruption issues .It will also provide justice liberty equality and fraternity to people of all status irrespective of caste and creed.

    • nilanjan roy

      plllzzzzzzzzzz anyone review this

  • mcp

    Excellent…