Topic– Indian polity : Issues
3) The Supreme Court finds a pragmatic middle path between the Aadhaar scheme excesses and its benefits to the marginalised. Analyze. (250 words)
Why this question
SC’s judgment upholding the constitutional validity of Aadhar is a landmark judgment. The articles analyzes the verdict in detail and explains the implications of the verdict – the good along with the bad. Preparing this topic in detail is required, and newspapers will be flooded with opinion pieces examining the verdict over the next few days.
Key demand of the question
The question expects us to explain the verdict and highlight that how the verdict is a balancing act. We need to discuss the verdict in details and highlight the things that Aadhar can be used for and areas where the court has mandated that it’s not necessary.
Directive word
Analyze – When asked to analyze, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary.
Structure of the answer
Introduction – Explain the background of the case and mention that SC has recently given its verdict in the case.
Body
- Discuss the arguments given by the court for deciding that Aadhar is constitutional and should be used for distribution of public services. Highlight that majority favoured the scheme’s continuance for the sake of the 99.76% of people included under it, rather than fret over the 0.24% who were excluded because of authentication failure.
- Also mention that the majority decision has also made it clear that the creation of metadata and its analysis would not be permitted. Authenticated data cannot now be stored for more than six months and several directions have been issued to enhance data protection. Another major relief is that the Aadhaar number cannot be used by private corporations and the state cannot enter into any contract with such companies for the sharing of data.
- Discuss how the verdict of the court disallows the excesses under the Aadhar Act. Discuss why the court has struck down section 57 of the Act.
Conclusion – Give your view on whether or not the verdict is a middle path.
