Chandrachud’s minority opinion, which struck down the 2016 Aadhaar Act as unconstitutional, is not binding on the government but has a more persuasive value for academic discussions. “The Aadhaar Act is declared unconstitutional for failing to meet the necessary requirements to have been certified as a money bill under Article 110(1),” the judge said. “The entire Aadhaar programme, since 2009, suffers from constitutional infirmities and violations of fundamental rights. The enactment of the Aadhaar Act does not save the Aadhaar project. It also carried the risk of influencing individuals’ behaviour by affecting their privacy and liberty.
Source: The Telegraph September 26, 2018 21:56 UTC