IN THE HON’BLE SUPREME COURT OF INDIA

WRIT PETITION (CIVIL) NO 494 OF 2012

JUSTICE K S PUTTASWAMY (RETD.),

AND ANR. ..Petitioners

VERSUS

UNION OF INDIA AND ORS.

..Respondents

MEMORIAL ON BEHALF OF APPELLANTS

TABLE OF CONTENTS

Counsel on behalf of Appellant pg. 1

 SR.No. Particulars Page No.

3
1. LIST OF
ABBREVIATIONS
4
2. INDEX OF
AUTHORITIES

5
3. STATEMENT OF
JURISDICTION
6
4. STATEMENT OF
FACTS
7
5. STATEMENT OF
ISSUES
8
6. ARGUMENTS
ADVANCED
15
7. PRAYER

ABBREVIATIONS ACTUAL TERM

Art. Article

Sec. Section.

SC Supreme court.

HC High Court

PWD Public work department

WP. Writ Petition

Counsel on behalf of Appellant pg. 2

 Hon’ble Honorable

Vs Versus

U/S Under Section.

No. Number
U/A Under Article

LIST OF ABBREVIATIONS

List of Abbreviations
JUSTICE K S PUTTASWAMY (RETD.), AND ANR. – “Petitioner”
Union Of India & Others – “Respondent” or “UOI”
The Constitution of India – “Constitution”

INDEX OF AUTHORITIES

BOOKS

 THE CONSTIUTION OF INDIA

STATUTE REFERRED

 THE CONSTITUTION OF INDIA, 1950

 THE AADHAR ACT.

Counsel on behalf of Appellant pg. 3

WEBSITES REFERRED

 SUPREME COURT TODAY

 https://www.scobserver.in
 https://blog.ipleaders.in
 https://www.livelaw.in

Counsel on behalf of Appellant pg. 4

 STATEMENT OF JURISDICTION

The present appeal is preferred by the Appellant pursuant to Article 32 of

the Constitution for the issuance of correct performance of mandatory and
purely ministerial duties.

Article 32 of the Constitution of India: Remedies for enforcement of rights

conferred by this Part.

(1) The right to move the Supreme Court by appropriate proceedings for
the enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or
writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari, whichever may be appropriate, for
the enforcement of any of the rights conferred by this Part.

(3) Without prejudice to the powers conferred on the Supreme Court by

clauses (1) and (2), Parliament may by law empower any other court to
exercise within the local limits of its jurisdiction all or any of the powers
exercisable by the Supreme Court under clause (2).

(4) The right guaranteed by this article shall not be suspended except as
otherwise provided for by this Constitution

STATEMENT OF FACTS

Counsel on behalf of Appellant pg. 5

A retired High Court Judge K.S. Puttaswamy filed a petition in 2012 against the

Union of India before a nine-judge bench of the Supreme Court challenging the

constitutionality of Aadhaar because it is violating the right to privacy which

had been established on reference from the Constitution Bench to determine

whether or not the right to privacy was guaranteed as an independent

fundamental right under the constitution of India following past decisions from

Supreme Court benches.

A challenge to the government’s Aadhar Card scheme is the primary motto of this

case (a form of uniform biometric-based identity card) which was proposed by the

government as a mandatory step to access the government services and benefits.

FACTS IN ISSUE

 Whether the Aadhar project violates the right to privacy of the citizen and

is unconstitutional.

 Whether the right of privacy is a fundamental right under Article 21 in

Part lll of the Indian Constitution.

Counsel on behalf of Appellant pg. 6

 Whether or not there is any fundamental right of privacy under the

Constitution of India?

 That the Aadhar is in contravention to the Constitution and had the

potential to enable an intrusive state to become a surveillance State.

ADVANCED ARGUMENT

 The petitioners contend that the planning of the Aadhaar Act by its very
virtue is probabilistic in nature. The Act aims to extend subsidies,
benefits, and services to society. It is possible that rather than providing
these benefits, subsidies, and services to the section of society for which
these are meant, it may end up excluding them from receiving such
beneficiaries.

 That the Act takes away the rights and liberties of the citizens of the
country which are guaranteed to them under the Indian Constitution.
Strict implementation of the Aadhaar Act can be a serious problem as it is

Counsel on behalf of Appellant pg. 7

 contrary to the Fundamental Rights which are given in the Indian
Constitution to the citizens of the country.

 The Aadhaar is in contravention to the Constitution and has the potential

to enable an intrusive state to become a surveillance state (a state in
which the Government has the ability to monitor the activities of its
citizens) based on the information that would be collected from each
individual by creating a joint electronic mesh.

 It is contended that the Right to Privacy of the citizens is being violated.

Right to Privacy is an integral part of Article 21 of the Indian
Constitution

Article 21 “Protection of Life and Personal Liberty: No person shall be

deprived of his life or personal liberty except according to procedure
established by law.”

 This fundamental right is available to every person, citizen, and foreigner

alike.
 Article 21 provides two rights:

o Right to life
o Right to personal liberty
 The fundamental right provided by Article 21 is one of the most
important rights that the Constitution guarantees.
 The Supreme Court of India has described this right as the ‘heart of
fundamental right’.
 The right specifically mentions that no person shall be deprived of life
and liberty except as per the procedure established by law. This implies
that this right has been provided against the State only. State here
includes not just the government, but also, government departments,
local bodies, the Legislatures, etc.
 The right to life is not just about the right to survive. It also entails being
able to live a complete life of dignity and meaning.
 The chief goal of Article 21 is that when the right to life or liberty of a
person is taken away by the State, it should only be according to the
prescribed procedure of law.
 The Act imposes restrictions that are not provided under Article 19 as
reasonable restrictions.

Counsel on behalf of Appellant pg. 8

 Article 19 guarantees six freedoms. They are:

 Freedom of speech and expression: The State guarantees freedom

of speech and expression to every person of India. However, the
State can impose restrictions on the freedom of speech and
expression in the interests of the integrity, security, and
sovereignty of the country, friendly relations with foreign nations,
for public order, with respect to defamation, incitement to offence
or contempt of court. Read more about the Freedom of Speech
and Expression here.
 Freedom to assemble: The State guarantees every person the
freedom to assemble peacefully without arms. However, as above,
reasonable restrictions can be imposed in the interests of the
sovereignty and integrity of the country and public order.
 Freedom to form associations/unions/cooperative
societies: Again, the State can impose restrictions in the interests
of the integrity, security and sovereignty of the country, friendly
relations with foreign nations, for public order, with respect to
defamation, incitement to offence or contempt of court. This
freedom gives workers the right to form trade union, which is thus
a fundamental right.
1. The Police Forces (Restriction of Rights) Act, 1966 prohibits
police personnel from forming trade unions.
2. The Constitution also allows the Parliament to pass a law
restricting the right to form political association to members
of the armed forces, intelligence bureaus, persons employed
with telecommunication system.
 Freedom to move freely: A citizen of India can move freely
throughout the territory of India. But this right can also be
restricted on the grounds of security, public order or for protecting
the interests of the Scheduled Tribes.
 Freedom of residence: Citizens of India have the right to reside in
any part of the country. Although restrictions can be imposed on
the grounds of security, public order or for protecting the interests
of the Scheduled Tribes.
 Freedom of profession: All citizens have the right to carry on any
trade or profession/occupation, provided the trade or occupation
is not illegal or immoral. Also, the law does not prevent the State
from making laws related to technical or professional
qualifications required for practicing the occupation or trade.

 If any restriction is imposed then it is important that it satisfies the

requirements of Article 14 and 19 of the Indian Constitution.

Counsel on behalf of Appellant pg. 9

 Article 14 treats all people the same in the eyes of the law.

 This provision states that all citizens will be treated equally before
the law.
 The law of the country protects everybody equally.
 Under the same circumstances, the law will treat people in the
same manner.

 That it is important that the law which imposes such a restriction must be
fair, just and reasonable. In the present case, the restrictions which are
imposed by the Government through the Aadhaar Act do not fall under
reasonable restrictions and are arbitrary and unreasonable.

 There isn’t any reasonable classification as there is no nexus between the

classification of society made by the Act and the objective which the Act
strives to achieve.

 That the information which was sought from the citizens violated the
integrity of the citizens. The object of the Act was not in nexus with the
information which was sought to be collected by the citizens.

 The Act also make a classification of citizens based on religion.

Classification based on religion did not only discriminate citizens but also
forced them to reveal their religion which is violative of Article 25 of the
Indian Constitution.

Article 25 guarantees the freedom of conscience, the freedom to

profess, practice, and propagate religion to all citizens.

 The above-mentioned freedoms are subject to public order, health,

and morality.
 This article also gives a provision that the State can make laws:

o That regulates and restricts any financial, economic,

political, or other secular activity associated with any
religious practice.
o That provides for the social welfare and reform or opening
up of Hindu religious institutions of a public character to all
sections and classes of Hindus. Under this provision, Hindus
are construed as including the people professing the Sikh,

Counsel on behalf of Appellant pg. 10

 Jain, or Buddhist religions, and Hindu institutions shall also
be construed accordingly.
 People of the Sikh faith wearing & carrying the kirpan shall be
considered as included in the profession of the Sikh religion

 That the Act also make Aadhaar Cards compulsory for availing certain
benefits that were offered by the Government to the citizens under the
Act. The compulsion of Aadhaar Cards will also enable the Government
to put the citizens under its surveillance and this would amount to a
violation of the Right to privacy under Article 21 of the Constitution.

 Violation of the Right to privacy is a very serious violation of the Right

to life as it encroaches upon the life and dignity of the citizens which is
the basic right guaranteed under the Constitution.

 Registration is now become mandatory for filing tax returns opening bank
accounts checking loans buying and selling property or even making
purchases of 50,000/- rupees and above.

 The provisions of the Aadhaar Act which fail to fulfill the criteria of a
money bill cannot be considered to be passed and so the entire law is void
and needs to be struck down.

 That as per the Indian Constitution the State is bound to provide benefits
to its citizens by way of subsidies and services. The Aadhaar Act makes
these benefits conditional for the citizens which the State is bound to
provide to its citizens. To avail of such Benefits, the Aadhaar Act needs
the citizens to give their biometric and demographic information.

 The Aadhaar Act enabled the Government to track the citizens which
violated their right to privacy and hence are unconstitutional.

 The Act takes away the right to make a choice from the citizens as
according to the Act it is mandatory for the citizens to reveal the
information to the State that the Act needs them to in order to avail of the
benefits and subsidies provided by the Government as without Aadhaar
authentication the citizens will be denied of those Government
beneficiaries.

Counsel on behalf of Appellant pg. 11

 That the collection of information from the citizens violates Article 21 of
the Constitution.

 Linking of the bank accounts with Aadhaar violates the rights of the
citizens as they are not left with a choice to operate their bank accounts
without linking it with the unique ID and hence, it is violative of Article
14 and 21 of the Constitution.

 The Act also violates the principle of proportionality under Article 14 of

the Constitution as having an Aadhaar will give a valid identity to a
person and whosoever fails to do so will not be considered to have a valid
identity.

 The provisions of the Aadhaar Act which fails to fulfill the criteria of a
money bill cannot be considered to be passed and so the entire law is void
and needs to be struck down.

 Privacy, liberty, and freedom are all intertwined and it was the spirit of
the individual.

 Technological development had led to an increasingly invasive State,

which mandated that the protection offered to constitutional freedoms
also be enhanced.

 The issue is not limited to privacy but an individual’s control over his
own thoughts. Technology might enable the State to map the thoughts
and feelings of an individual, and the absence of a privacy right would
leave the individual with no legal recourse.

 That the privacy right of an individual, so integral to his personality, must

be protected against State action by declaring it as a fundamental right,
and against private entities by enacting data protection laws

Counsel on behalf of Appellant pg. 12

 PRAYER

Wherefore, in the light of the fact presented, issues raised, authorities, relied
upon, and arguments advanced, it is most humbly prayed that this Hon’ble
Court may be pleased to,
1. Allow the present appeal.
2. That the right to privacy should be protected under the Constitution of
India.
3. That the Aadhar Act should be held unconstitutional as it violates the right to
privacy.
4. That the Aadhar project has a propensity to create a surveillance state and is
thus unconstitutional based on this ground.

Counsel on behalf of Appellant pg. 13

AND MAY PASS ANY SUCH ORDER, OTHER ORDER THAT IT
DEEMS FIT IN THE
INTEREST OF JUSTICE, EQUITY AND GOOD CONSCIENCE.
AND FOR THIS, APPELLANT AS IN DUTY BOUND SHALL HUMBLY
PRAY.
AND MAY PASS ANY SUCH ORDER, OTHER ORDER THAT IT
DEEMS FIT IN THE
INTEREST OF JUSTICE, EQUITY AND GOOD CONSCIENCE.
AND FOR THIS, APPELLANT AS IN DUTY BOUND SHALL HUMBLY
PRAY.
AND MAY PASS ANY SUCH ORDER, OTHER ORDER THAT IT DEEMS
FIT IN THE INTEREST OF JUSTICE, EQUITY, AND GOOD
CONSCIENCE.
AND FOR THIS, APPELLANT AS IN DUTY BOUND SHALL HUMBLY
PRAY.

Counsel on behalf of Appellant pg. 14