New Delhi: Mere possibility of misuse of Aadhaar can’t be a reason to strike down a law, the Supreme Court orally observed on Tuesday.
A five-judge Constitution bench of Chief Justice Dipak Misra and Justices A.K. Sikri, A.M. Khanwilkar, D.Y. Chandrachud and Ashok Bhushan is hearing arguments in the case for the eighth day.
On Tuesday, senior counsel Kapil Sibal said the Aadhaar programme, which is misused, has serious consequences for this country, as it would affect future generations.
He said this is a matter of great moment in the history of the Supreme Court, which will decide a matter of far reaching consequences. He said, “If your Lordships uphold the law, for every child born, Aadhaar will be taken and this will be used even after the child becomes an adult.
Justice Chandrachud intervened and told Mr Sibal “there is a long line of judgements of this court that mere possibility of misuse of a law will not lead to striking down a legislation, unless you are able to demonstrate that Aadhaar law is a colourable legislation. The power of misuse is no ground to declare a law unconstitutional. You must understand that striking down a law is a problem for us.”
