---
title: "Parliament Update Issues Raised By Mps On Aadhaar In Parliament"
description: "The following are links to, and text of discussion by members of parliament in Lok Sabha and Rajya Sabha this week:
**Bhupendra Yadav's private member resolution** to hold Lok Sabha and Assembly elect..."
pubDate: 2017-03-31
author: Rethink Aadhaar
category: Uncategorized
originalUrl: https://rethinkaadhaar.in/blog/parliament-update-issues-raised-by-mps-on-aadhaar-in-parliament
---

The following are links to, and text of discussion by members of parliament in Lok Sabha and Rajya Sabha this week:
**Bhupendra Yadav's private member resolution** to hold Lok Sabha and Assembly elections simultaneously to be taken up tomorrow in RS. He suggests linking of Aadhaar number with Election Card. 
 (list of business  for-  [http://164.100.47.5/newlobsessions/sessionno/242/310317.pdf](http://164.100.47.5/newlobsessions/sessionno/242/310317.pdf))
2.  Full text of March 29 Rajya Sabha proceedings where Aadhaar was discussed  - ( [http://164.100.47.5/newdebate/242/29032017/Fullday.pdf](http://164.100.47.5/newdebate/242/29032017/Fullday.pdf))
**KTS Tulsi - **
Sir, through you, I wish to raise three concerns with regard to the Finance Bill. The first is with regard to making Aadhaar mandatory for various schemes, the second is, removing the cap on corporate funding, and the third is, rubbishing several tribunals in a jiffy. 
Sir, with regard to the Aadhaar, I want to bring to the attention of this august House that Section 29 of the Aadhaar Act, 2016, as notified, categorically provides that the core biometric information collected by the Unique Identification Authority of India under the Act shall not be shared with anyone for any reason whatsoever. Now, that is a legislative provision. Now, when the Act was notified under the Rules, what is being provided is that any individual agency or entity, which collects the Aadhaar Number and the document containing it, shall obtain consent. 
When the Act says, “It cannot be shared for any reason whatsoever”, how can you prescribe a procedure of voluntary consent? Consent could also be by force. When the use of this Card is forbidden for any other purpose whatsoever, it cannot be allowed to be introduced. The rules are in conflict with Section 29 and Section 8(3) is also in conflict with Section 29. This is going to create a huge problem. 
The provisions therefor permitting sharing of biometric information by merely informing, which is taken to be consent, is fraught with danger. It was meant only for the purpose of delivering public services. 
The question is: How safe is our data? It has already been scrapped in the UK as well as in France. The then Home Secretary, now the Prime Minister, Theresa May, in 2010, announced the end of the ID Card project of 2010 and said, “We need to balance national security and civil liberties.” Australia in 2007 cancelled the Social Services Access Card because of the dangers which were inherent with the hacking or the leakage of that information. 
France in 2012 sought to justify this but the Identification Protection Act was declared to be unconstitutional by the highest Court in France. Today, there are petitions pending in the Supreme Court which have been referred to a 9-Judge Bench. We are permitting doing of things through subterfuge of a rule what was prohibited by the Act. 
The Supreme Court on 15th October, 2015 allowed Aadhaar Card to be used only for the six Government schemes of Public Distribution, that is, LPG, rural employment, employees’ provident fund, pension scheme and so on. Now, there are several Government agencies which have begun to insist on Aadhaar Card for even opening a bank account and for various other purposes. 
This can jeopardize the privacy and security of the citizens and no attention is being paid for safeguarding the data from hackers. We must be able to guard against hackers, particularly in the context of China and Pakistan getting into our systems all the time, and many a time succeeded. How we intend to safeguard the personal information? Not only that, we are completely blissfully unaware of the dangers of that information. 
Anybody’s fingerprints can be planted anywhere because fingerprints will be available. My fingerprints can be planted; my iris impression can be planted. If that information becomes available to anyone, it will become extremely dangerous and it is precisely for this reason that a number of democratic countries have abandoned this project. Unless we can safeguard the data, only then can it be permitted to be used for the purpose for which the Act was enacted and only for the use of services. 
The second point that I want to submit, Sir, is regarding removing a cap on donations and also making them anonymous. It only achieves one purpose. It manages to multiply political corruption. If that is the aim of the Finance Bill, then they must be clear about it. 
The third is with regard to winding up of the Tribunals by a notification of the mere rules. There are several statutes, which will have to be amended, but in the process, what is being provided is that by virtue of the rules, the Government will decide the qualifications and the method of appointment of members. 
There is no regard paid to the law which has been declared by the Supreme Court that even with regard to the appointment of the members of various Tribunals, the Courts must be consulted to ensure that they are independent and they are not the persons with questionable integrity. 
In this regard, I submit that you cannot permit the delegation of essential legislative function. What will be the qualifications for the members is an essential legislative function and if it is delegated to the Government, it will amount to abdication of the legislative responsibility and I strongly oppose this. There are 27 Tribunals, and seven are sought to be shut down immediately. They can be paid three months' salaries and told to go home. That is what is left of all the Tribunals. I strongly oppose these three provisions in the Finance Bill.