Monthly Archives: January 2018

Aadhaar Act Is Unconstitutional And Void Ab Initio And Is Of No Legal Significance Opines Praveen Dalal

Many people have been coerced and forced to enroll for Aadhaar and link it with various services, whether of government and private companies. But how many of you are aware that neither Aadhaar nor Aadhaar Act, 2016 is constitutional and you can absolutely say no for Aadhaar enrollment and its linking with anything and everything.

According to Praveen Dalal, who has been engaged in the most effective and versatile fight to Scrap Aadhaar since 2009, neither Aadhaar nor Aadhaar Act, 2016 is constitutional and Indians can refuse to comply with any mandate arising out of either. He further maintains that Aadhaar Act, 2016 is “Void Ab Initio” and any person can challenge its constitutionality, provisions or any compliance requirement under it any time.

So what is a void ab initio law? A void ab initio law is a legislation that has no legal force and that cannot bind any person or organisation through its provisions. As people are aware, Aadhaar Act, 2016 was imposed upon Indians as a “money bill” despite the fact that it is not a money bill at all.

According to Praveen Dalal, the fact whether a bill is money bill or not has to be finally decided by the Speaker if there is a dispute to that effect in the Parliament. Once a certificate is issued by the Speaker that the bill is a money bill, the procedure applicable to money bills is followed and Rajya Sabha looses its power to force inclusion of its suggestions in such bill. This situation also arose in case of Aadhaar Act, 2016 and suggestions of Rajya Sabha were ignored by Lok Sabha where BJP has the majority.

But the final authority to decide whether a bill is money bill or not outside the Parliament vests with the Supreme Court that can exercise its Judicial Review power in this regard opines Praveen Dalal. In fact, the Aadhaar Act, 2016 was immediately challenged by Shri. Jairam Ramesh and this is the only good thing that either Congress party or any of its member has done against Aadhaar says Praveen Dalal.

But Supreme Court did what it was not required to do at all. Supreme Court deliberately postponed judgments upon privacy right, Aadhaar and Aadhaar Act, 2016. Privacy is a Fundamental Right was already well known and Supreme Court unnecessarily wasted time of people so that Central Government can force Aadhaar upon Indians. Then Supreme Court failed to declared Aadhaar Act, 2016 as unconstitutional and till now it is on the statute book. Finally, Supreme Court totally abdicated its constitutional duties and severely compromised Rule of Law and Fundamental Rights when it kept on postponing its final decision on Aadhaar.

Judicial wisdom and integrity was totally shattered when Supreme Court ignored the clear fact that Aadhaar Act, 2016 is neither a “Validation Act” nor a “Money Bill” opines Praveen Dalal. Supreme Court also violated the interim order of previous Constitution Bench of Supreme Court by not adhering to it and giving a self contradictory view on Aadhaar. Meanwhile, some division benches of Supreme Court even gave Per Incuriam judgments even though Interim order of Constitution Bench was still in force informs Praveen Dalal. In short, Supreme Court only indulged in “Self Mockery and Degradation” in order to accommodate “Unconstitutional Interests” of Executive says Praveen Dalal.

But the bottom line is that Aadhaar Act, 2016 is not a money bill and you need not to wait for a declaration of Supreme Court in this regard.

If the Parliament passes a money bill that allows Government to “Rape, Loot and Murder Indians”, will you wait for Supreme Court to wake up from its sleep or will you protest and act in self defense asks Praveen Dalal.

So why you are following Aadhaar Act, 2016 when it is void ab initio. Just ignore the provisions of Aadhaar Act, 2016 as they have no legal force, whether Supreme Court says so or not. At least this is what we are doing and we have found there are tremendous benefits of this approach.

On a related note, Aadhaar Act, 2016 does not prohibit you to sue Government, UIDAI, private companies or any other person or institution for violating your legal rights. Do not believe in contrary and ignorant claims and sue the guilty person on first instance.