(1) That proportionality could not be read into Article 14, and
(2) The idea of informational self-determination was equivalent to privacy and privacy was referred to a larger bench.
He countered the proportionality arguments by citing judgments from the UK.He said that a statute could not be struck down for disproportionate penalty because penalty could be decided by the wisdom of Parliament. Sengupta said that the object of this amendment is to fight corruption but no legislative order can completely solve the problem 100%. Sengupta said the object of the amendment is not to discriminate between those who have Aadhaar and those who don't but rather to weed out fake PAN cards. He then argued that informational self-determination is not absolute even in Germany, where there is informational self determination (mentioned by Dpetitioners ;lawyers Divan in earlier hearings) and it could not be read into Indian law and that it could only be understood to be a party of privacy.
Senior Advocate Shyam Divan appearing for the petitioners Dalit activist Bezwada Wilson and retired Major General SG Vombatkare responded to these arguments. He began by establishing again the credentials of the petitioners. He said "It is being alleged that I am a hermit who wants to live in the Himalayas." In fact the petitioners are a decorated Major General in the Army and the other, a Magsaysay Award winner for his work with the Safai Karamchari Andolan. "The petitioners live robust lives and are contributors to society." He said that the concern raised about Aadhaar was not an elite concern, rather that it was a concern of civil liberties, affecting all citizens. "The citizens of what we regard to be a free country are being mandated to be fingerprinted."
Mr. Divan went on to explain that there is contradiction when "Aadhaar is voluntary but PAN is mandatory." The Income Tax Act makes PAN mandatory and the lack of PAN leads to penal consequences. Aadhaar is completely voluntary. The Aadhaar enrolment form says that Aadhaar is free and voluntary, Section 3 of the Aadhaar Act says that a resident is entitled to get an Aadhaar number, several advertisements in which the UIDAI itself said that Aadhaar was voluntary, Divan pointed out.
Subsequent provisions specify that residents must be informed how their data will be used, he said. Every requesting agency under the Act must ask for the consent of the individual Aadhaar number holder, as per the Aadhar Act, then consent and information required under the Act can only exist if Aadhaar is voluntary. Divan said "It is untenable to claim that Aadhaar can be made mandatory when the statute says that it is voluntary."
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It is hunting for problems to make itself relevant.'