Mili Gupta & Gyanendra Prasad, Institute of law, Nirma University
Abstract
The implementation of the Aadhaar Act, 2016, and the Privacy verdict in August 2017 were two of the utmost prominent statutory and legal revolutionary points in Aadhaar history. This paper critically inspects the legitimate framework comprising of the Aadhaar Act, 2016 from the viewpoint of “Delegation”. The paper finds that much is assigned to the Unique Identification Authority of India ('UIDAI') without sufficient checks and balances. The UIDAI thus retains exceptional control over the lives of holders of Aadhaar number, without appropriate processes of transparency. The UIDAI has further entrusted to its future selves the establishment of several guidelines and protocols, indicating that the mechanism exists in a legal vacuum. As there are no statutory transparency requirements, the UIDAI accountability system remains inadequate and fraught with conflicts of interest. This makes it hard to calculate the output of the UIDAI.
Keywords: Aadhaar, Delegated Legislation, Data, Verification, UIDAI, Regulations, Authority.
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