ADMININSTRATIVE LAW CRE NO.

5
The Republic of Cenation is a constitutional democracy akin to India having a Union
government at the Centre and several states at the provincial level. The central government in an
attempt to bring a robust identification system for its residents and integrate the government
beneficiary schemes on it passed the Adhikar Act, 2017 [“Act”]. The Act provided for the
creation of an Adhikar Card which was a unique identity card for the residents of Cenation. The
Adhikar Card was to be used by every resident for claiming benefits under government schemes
and also as an identity card.

The Act created the Unique Identification Authority of Cenation (“UIDAC”) a statutory body
with the objective of issuing Unique Identification Numbers (“UID”) named as “Adhikar” to all
residents of Cenation that is:
(a) Strong enough to get rid of duplicate and fake identities
(b) Can be verified and authenticated in an easy and cost-effective way

The Act empowered the UIDAC with exemplary discretionary powers.

(i) Section 23 empowered the UIDAI to develop the policy and procedure for issuing
Adhikar number to individuals.
(ii) Section 28 of the Act vests in the UIDAI sole discretion in matters relating to
confidentiality and security.
(iii) Section 54 of the Act also vests in UIDAI residuary powers to create regulations for
any other matter required to be regulated.
[Kindly refer to the attached Appendix for detailed provisions]

The Act when passed was met with severe criticism on grounds of its alleged violation of the
Right to Privacy, due to the leak of Adhikar data online and also due to its violation of the
principle of separation of powers.

Save the Citizen, an NGO run by Mr. C.M. Punk, has challenged the Act, on the ground of
excessive delegation. Mr. Punk alleges that the legislative policy on the management and
application of Adhikar data has been left to the UIDAC. The state has justified the Act by stating
that it has provided enough guidance, both in terms of objectives and principles, thereby not
amounting to a case of excessive delegation.

APPENDIX
Section 23: Powers and functions of Authority-
(1) The Authority shall develop the policy, procedure and systems for issuing Aadhaar numbers
to individuals and perform authentication thereof under this Act.

Section 28: Security and confidentiality of information-

(1) The Authority shall ensure the security of identity information and authentication records of
individuals.
(2) Subject to the provisions of this Act, the Authority shall ensure confidentiality of identity
information and authentication records of individuals.
(3) The Authority shall take all necessary measures to ensure that the information in the
possession or control of the Authority, including information stored in the Central Identities Data
Repository, is secured and protected against access, use or disclosure not permitted under this
Act or regulations made thereunder, and against accidental or intentional destruction, loss or
damage.
(4) Without prejudice to sub-sections (1) and (2), the Authority shall— (a) adopt and implement
appropriate technical and organisational security measures; (b) ensure that the agencies,
consultants, advisors or other persons appointed or engaged for performing any function of the
Authority under this Act, have in place appropriate technical and organisational security
measures for the information; and (c) ensure that the agreements or arrangements entered into
with such agencies, consultants, advisors or other persons, impose obligations equivalent to those
imposed on the Authority under this Act, and require such agencies, consultants, advisors and
other persons to act only on instructions from the Authority.
(5) Notwithstanding anything contained in any other law for the time being in force, and save as
otherwise provided in this Act, the Authority or any of its officers or other employees or any
agency that maintains the Central Identities Data Repository shall not, whether during his service
or thereafter, reveal any information stored in the Central Identities Data Repository or
authentication record to anyone: Provided that an Aadhaar number holder may request the
Authority to provide access to his identity information exclusively.

54. Power of authority to make regulations:

(1) The Authority may, by notification, make regulations consistent with this Act and the rules
made thereunder, for carrying out the provisions of this Act. (2) In particular, and without
prejudice to the generality of the foregoing power, such regulations may provide for all or any of
the following matters, namely:—
…
(x) any other matter which is required to be, or may be, specified, or in respect of which
provision is to be or may be made by regulations.

The Adhikar Act, 2017 is pari materia with the Aadhaar (Targeted Delivery of Financial and
Other Subsidies, Benefits and Services) Act, 2016 currently in force in India.

The students are supposed to argue only the issue of excessive delegation.