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Hope in Dissent
The Aadhaar judgment is a rushed and ill-thought-out one, and leaves many issues unsettled and unclear.
For a case that has been litigated over the last six years, involving 38 days of final hearings, two references to constitution benches, and has finally ended in three judgments totalling 3.5 lakh words, the Supreme Court’s final verdict on the validity of Aadhaar settles too few questions on the matter.
The majority judgment (by Justice A K Sikri, on behalf of himself, Chief Justice of India [CJI] Dipak Misra and Justice A M Khanwilkar) has a feeling of incompleteness writ large through it. There are placeholders in the text where entire sections of the judgment were supposed to be, which suggests that this was a rush job given CJI Misra’s approaching retirement date. Apart from this, the reasons afforded to support the conclusions arrived at do not hold up to scrutiny. One gets the sense that the conclusions of the judgment were predetermined and the reasons for them were worked out so as to fit into the conclusions.
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