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Unique Identification Authority of India (UIDAI)
Agency overview
FormedJanuary 2009
JurisdictionGovernment of India
HeadquartersNew Delhi
Agency executives
  • Chairman
  • Vijay Madan, Director General
Websiteuidai.gov.in
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The Unique Identification Authority of India (UIDAI), is an attached office of the Planning Commission of India to issue Unique Identification Number "Aadhaar" to residents of India who desire to have it. However, Aadhaar was made compulsory through both direct and indirect means and incentives and it lost its voluntary character long before. Aadhaar also lacks legal or statutory authority as of now and till the month of August 2014 both UIDAI and Aadhaar project are operating without any Parliamentary approval . As a result the Supreme Court of India held that Aadhaar cannot be made mandatory for availing public services in India . Some experts have even suggested that Aadhaar project must be scrapped by the Narendra Modi government .They also believe that the Supreme Court of India must scrap the Aadhaar project till it is clear of its shortcomings and illegalities .

To overcome the legal impediment against Aadhaar, Narendra Modi government (2014-2019) is in the process of bringing a legislation to overcome the legal scrutiny by the supreme court. However, there is no progress in this direction till 16th August 2014 and some believe that not even a single rupee must be spent by Narendra Modi government till Aadhaar project and UIDAI are made legal and constitutional . As a result the position on the date (16th August 2014) is that Aadhaar is operating without any legal framework and Parliamentary oversight .

Description

The Unique Identification Authority of India (UIDAI) is an agency of the Government of India responsible for implementing the Aadhaar scheme, a unique identification project. The agency was established in February 2009, and owns and operates the Unique Identification Number database. The Unique Identification Authority of India has been established under the Planning Commission by an executive order issued in January 2009. The agency provides a unique identification number to all persons resident in India, but not identity cards. The agency will maintain a database of residents containing biometric and other data, and is headed by a chairman, who holds a cabinet rank. The UIDAI is part of the Planning Commission of India. Nandan Nilekani was appointed as the first Chairman of the authority in June 2009 and has resigned from the post in March 2014 to contest lok sabha election. The then government has then extended the term of Vijay Madan,a 1981-batch IAS officer to continue as the director-general and mission director of UIDAI. The Central Govt has been unable to secure statutory approval for the authority after the National Identification Authority of India Bill 2010 was rejected by the Parliamentary Standing Committee as "unethical and violative of Parliament prerogatives".

Budget allocation

About Rs. 35 billion (Rs. 3,500 crore) was spent on Aadhaar program from the beginning (January-2009) till September 2013 with enrollment of 50 crore persons. It includes operating costs as well as capital expenditure (infrastructure of land, building, machinery). Targeting 60 crore Aadhaar enrollments by 2014, agency has issued more than 40.29 crore Aadhaar numbers till August 2013.Newly elected Govt under prime minister Narendra Modi in union budget has allocated Rs. 2039.64 crore for the fiscal year 2014-15 for the functioning of UIDAI and to enroll remaining population, and has set a target of 100 crore enrollment at the ‘earliest’.

UIDAI Headquarter allotment

The statutory board of enquiry for Delhi Development Authority has dumped the change of land use for UIDAI's proposed headquarters on a petition by India Against Corruption's national convenor Sarbajit Roy. Roy had claimed the prime property in central New Delhi worth Rs. 900 crore was leased to UIDAI at trifling price. Currently UIDAI operates out of offices in New Delhi's Connaught Circus. Since UIDAI is not an authority, its nodal agency, the Planning Commission, is responsible for providing UIDAI's infrastructure. The land is owned by 2 financially ailing telecoms, BSNL and MTNL, which are locked in a court dispute.

Impediments

Supreme Court judgments

The Supreme Court of India passed an interim order on 23 September 2013 that no public services such as LPG can be denied to public due to lack of Aadhaar.

The court, later on 24 March 2014, restrained the central government and the Unique Identification Authority of India from sharing data with any third party or agency, whether government or private, without the permission of the card-holder.

Security concerns

The AADHAAR number is not recognized as a legal proof of residence due to issues with the data protection. India's Intelligence Bureau claims anyone with an Aadhaar number can introduce others without any documentation to get the identity number, which makes it vulnerable to terrorism and other issues.

Other Techno Legal Issues

According to techno legal expert Praveen Dalal, Aadhaar in its present form has no welfare elements attached to it whatsoever but is an e-surveillance project .

He has outlined the following Illegalities and Infirmities of the current Aadhaar project:

(1) Aadhaar has been made “Mandatory and Exclusive” for availing many Public Services in India despite Supreme Court’s Interim Order and Constitutional Prohibitions.

(2) Aadhaar Project is not supported by any Legal Framework and is not subject to “Parliamentary Oversight”.

(3) Aadhaar Project is violating various “Civil Liberties” like Privacy Rights of Indians.

(4) Aadhaar Project is “Grossly Weak” on the fronts of Cyber Security and Data Security .

(5) Aadhaar is not “Full Proof and Tamper Proof” and it can be “Obtained Illegally” and in Wrong Name.

(6) The “Authentication Mechanism” of Aadhaar Project is also faulty and in many cases gives “False Negative Alarms”.

(7) The present Practices and Methods adopted by Indian Government and its Agencies for Biometric Collection of Indians/Residents is Unconstitutional .

(8) Even “Clubbing/Merging” of Biometric Data of Aadhaar and National Population Register (NPR) has “Serious Constitutional Ramifications” and the same should not be done.

(9) Absence of Encryption Policy of India (PDF) to safeguard Biometrics Data, etc.

See also

References

  1. ^ "Central government seeks statutory cover for UIDAI". The New Indian Express. 25 September 2013. Retrieved 19 November 2013.
  2. ^ "Aadhaar In Its Present Form Has No Welfare Elements Attached To It Whatsoever But Is An E-Surveillance Project". Privacy Laws In India And Privacy Rules And Regulations In India. 03 August 2014. Retrieved 16 August 2014. {{cite news}}: Check date values in: |date= (help) Cite error: The named reference "http://www.electroniccourts.in/privacylawsindia/?p=122" was defined multiple times with different content (see the help page).
  3. "Aadhar Card Cannot Be Made Mandatory For Availing Public Services In India: Supreme Court". Civil Liberties Protection In Cyberspace. 24 September 2013. Retrieved 16 August 2014.
  4. "Narendra Modi Must Scrap Aadhaar Project As Well Along With The Cabinet Committee On UIDAI". Civil Liberties Protection In Cyberspace. 10 June 2013. Retrieved 16 August 2014.
  5. "Supreme Court Of India Must Immediately Declare Aadhaar Project As Unconstitutional". Civil Liberties Protection In Cyberspace. 19 July 2013. Retrieved 16 August 2014.
  6. "Modi govt to give legal backing to Aadhaar". The Times of India. 14 July 2014. Retrieved 14 July 2014.
  7. "Aadhaar Project And UIDAI May Be Backed By A Legislation To Give It Legitimacy And Legal Sanctity". Civil Liberties Protection In Cyberspace. 14 July 2014. Retrieved 16 August 2014.
  8. "Nilekani to give numbers, ministries to issue cards", The Economic Times, 16 July 2009, retrieved 18 July 2009
  9. "Nilekani takes charge, says first set of IDs in 12-18 months". The Times of India. 24 July 2009.
  10. "PIB Press Release". Pib.nic.in. Retrieved 1 October 2010.
  11. "Two dozen officers indispensable for government due to functional requirements: DoPT". The Economic Times. 17 July 2014.
  12. "Central government seeks statutory cover for UIDAI". The New Indian Express . 14 July 2014. Retrieved 14 July 2014.
  13. "Punch in recipient's Aadhaar number to transfer funds". The Economic Times. 10 October 2013. Retrieved 31 October 2013.
  14. "One out of two Indians to have Aadhaar by mid-2014: Nandan Nilekani". The Economic Times. Retrieved 31 October 2013.
  15. "Expenditure of UIDAI for the year 2009-2010, 2010-2011, 2011-2012, 2012-2013 and 2013-2014 (Up to September 2013)" (PDF). Unique Identification Authority of India. Retrieved 19 November 2013.
  16. "Unique Identification project expenditure at Rs 3,062 crore as of July end". The Economic Times. Retrieved 31 October 2013.
  17. "UIDAI issues more than 40 crore Aadhaar numbers till date". India TV. 18 August 2013. Retrieved 18 August 2013.
  18. "Union Budget allocates Rs 2,039 crore for Aadhaar". India TV. 10 July 2014. Retrieved 10 July 2014.
  19. "Nilekani succeeds in persuading Narendra Modi to continue with Aadhaar project". India TV. 25 July 2014. Retrieved 14 July 2014.
  20. "UIDAI land allotment scam: DDA accepts IAC prayer to scrap the deal". Moneylife. 17 September 2013. Retrieved 3 December 2013.
  21. "Aadhaar base on BSNL land". MailToday. 22 September 2013. Retrieved 3 December 2013.
  22. "How Nandan Nilekani Took Aadhaar Past The Tipping Point". Forbes India. Retrieved 4 November 2013.
  23. "Don't exclude those without Aadhaar, share data: SC". The Indian Express. 25 March 2014. Retrieved 25 March 2014.
  24. "Dogs, trees and chairs have Aadhaar cards". The Times Of India. 31 May 2013. Retrieved 19 November 2013.
  25. "IB slams Uidai, says Aadhaar not credible as residence proof". Hindustan Times. Retrieved 19 November 2013.
  26. "Civil Liberties Protection In Cyberspace". Civil Liberties Protection In Cyberspace. 27 June 2009. Retrieved 16 August 2014.
  27. "Privacy Laws In India And Privacy Rules And Regulations In India". Privacy Laws In India And Privacy Rules And Regulations In India. 14 February 2014. Retrieved 16 August 2014.
  28. "The Cyber Security, Data Security And Civil Liberties Implications Of Aadhaar Project And Biometric Collection By UIDAI In India". Centre Of Excellence For Cyber Security Research And Development In India (CECSRDI). 01 April 2013. Retrieved 16 August 2014. {{cite news}}: Check date values in: |date= (help)
  29. "Unconstitutional And Illegal Biometrics Collection Laws And Practices In India". Civil Liberties Protection In Cyberspace. 14 September 2012. Retrieved 16 August 2014.
  30. "National Population Register (NPR) Would Recognise Citizens Alone For Issuance Of National Identity Cards In India". Privacy Laws In India And Privacy Rules And Regulations In India. 19 June 2014. Retrieved 16 August 2014.
  31. "Encryption Policy Of India Needed" (PDF). Global ICT Policies And Strategies And Indian Perspective. 05 February 2014. Retrieved 16 August 2014. {{cite news}}: Check date values in: |date= (help)

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