Respondent

ISSUE NO 4 Whether the Niradhaar Card system which collects and stores
personal data without the consent of citizens violate the right to
privacy? Is the Government liable when data is misused by third
parties?
First of all ,
The Niradhaar system enhances efficiency, reduces corruption, and ensures
proper delivery of public services
The provision of services and benefits ensure dignity and liberty of individuals.
The Supreme Court in Kesavanand Bharathi v. State of Kerala and the
NALSA judgment say that the State has the positive obligation to ensure the
dignity of the citizens.
The data collected through Niradhaar is secure, and stringent measures are in
place to prevent unauthorised access. The State has put in an enormous effort to
ensure security and data security has been ensured at every step. The Niradhaar
Architecture takes into account every fear regarding the possible invasion
privacy.
Secondly
1.Through the Nirdhar, the State is furthering the following obligations under
Part III and Part IV of the Constitution and international obligations: a. The
State has a positive obligation for securing socio-economic rights like the basic
right to food, shelter and livelihood of people arising out of Article 21, even
though it is worded negatively; b. The Supreme Court has observed in the case
of [PUCL] vs uoi that civil & political rights and socioeconomic rights in India
are placed on the same pedestal.
the Niradhaar is an ‘enabler’ for millions. It enables their right to food,
livelihood, and what not . However, the object of the Act is the targeted delivery
of benefits to public . This is in deference to the Article 21

.The core effort of the Niradhaar is to bridge the gap between rich and poor.
Massive corruption results in the siphoning off a lot of sum by some people
with malafide intent and sinister motive . The poor people could not be
deprived of their right under Article 21 for the privacy interests of the elite.
This is where the question of balance of rights lies. Therefore¸something had to
be done, so the Niradhaar was framed.
Thirdly ,
Niradhaar is the most robust way to achieve de-duplication. The aim was to
serve this as proof of identity, which is unique in nature, as each individual will
have only one identity with no chance of duplication. Another objective was
that this number could be used for identification of beneficiaries for transfer of
benefits, subsidies, services and other purposes... Moreover , Niradhaar is the
solution for many people who did not have a nationally acceptable
identification. Moreover, other IDs have own their limitations

Fourthly,
Niradhaar is made for Legitimate state interests such as preventing the
dissipation of social welfare benefits, prevention of money laundering, black
money , tax evasion, and protection of national security thus is just fair and
reasonable
. Also all these services and benefits which niradahar is providing are traceable
rights under Article 21 of the Constitution
fifthly
As stated earlier privacy is not absolute, and a legitimate state interest could
override it. The objective of Niradhaar is part of the right to a life with dignity
and should prevail over the right to privacy.
For instance , the Right to Information acts as a reasonable restriction on
privacy in the larger public interest. As privacy is a fundamental right under
Article 21, it is subject to the limitations of the same article.
In Bowen v. Gilliard (1987): case also it was affirmed t that states can set
reasonable conditions on welfare benefits, provided they do not discriminate
and are rationally related to legitimate state interests.
Is the Government liable when data is misused by third parties?
There is "a chance in a million" that data collected through both NCSS and
Niradhaar will be misused by the third parties as it is secure, and stringent
measures are in place to prevent unauthorised access. furthermore, The Unique
Identification Authority of Singhara, a statutory body constituted by the
government of Singhara was entrusted with the duty to issue the Niradhaar Card
with a unique identity number
Although ,The Ncss and the Niraadhar are made to ensure the public safety and
in the interest of the state of singhara still the Government can be held liable
when data is misused by third parties under various sections of IT act i.e 43A
72 72a , 66c nd others.
{STRUNGENT MEASURE:
1. Data Encryption
Encrypt Data: Turn data into a secret code to protect it. This way, even if
someone gets the data, they can't read it without a special key.
2. Access Controls
Limit Access: Only let authorized people see the data. Use things like
passwords and security questions to make sure it's really them.
Two-Step Verification: Add an extra step, like a text message code, to double-
check who’s accessing the data.
3. Regular Audits and Monitoring
Keep an Eye: Continuously check who is accessing the data and what they're
doing with it to spot any suspicious activity.
Regular Check-Ups: Regularly review the system for weaknesses and fix them.
4. Data Classification
Organize Data: Label data based on how sensitive it is and protect the most
sensitive data more strictly.
Collect Only What You Need: Don't gather more data than necessary to
minimize risks.
5. Incident Response Plan
Be Prepared: Have a plan ready for dealing with data breaches quickly and
efficiently.
Training: Make sure everyone knows how to respond to a data breach.
6. Compliance with Regulations
Follow the Rules: Adhere to laws and regulations that protect data to avoid
penalties and ensure safety.
Regular Updates: Stay updated with new laws and ensure compliance.
7. Data Backup and Recovery
Backup Regularly: Keep backup copies of data to restore if something goes
wrong.
Recovery Plan: Have a plan to get the system back up quickly after an issue.
8. Endpoint Security
Protect Devices: Secure all devices that can access the database with anti-virus
software and regular updates.
Manage Devices: Regularly update and manage devices to keep them secure.
9. Vendor Management
Check Third Parties: Make sure any outside companies with access to the data
follow strict security measures.
Contracts and Audits: Include security terms in contracts and regularly audit
their security practices.
10. Public Awareness and Transparency
Be Open: Inform the public about how their data is protected and any security
incidents.
Educate: Teach citizens about data security and their rights.
Using these measures, the government can greatly reduce the risk of data loss or
breaches and keep personal information safe. If there's anything}

ISSUE 5 Whether the NCSS and Niradhaar card System balance national
security and the protection of individual rights?
It is humbly submitted before this Hon’ble Court that the NCSS and Niradhaar
card System balance national security and the protection of individual rights
The Fundamental Rights in Singhara hold immense significance as they form
the bedrock of democratic principles and ensure the protection of individual
liberties..
Thus, on the back of the same the government has introduced the program of
ncss and niraadhar as both assist to spur on the fundamental right especially
Article 21 .
“No person shall be deprived of his life or personal liberty except according to
procedure established by law”.
2. Which in itself is a balancing act as the wordings ““No person shall be
deprived of his life or personal liberty” safeguards the interest of individual
rights as it starts with the words “no person”.
4. The words “Life” and “liberty” has a wide approach and has many
facets . The motive of niraahar and Ncss assists to fulfill those only.
5. 3.1 But the words “except according to procedure established by law”
underscores national security and keeping that into account
3.2 the state of singhara has designed NCSS as a critical tool to combat
terrorism and maintain public order and,
3.3The Niradhaar which enhances efficiency, reduces corruption, and ensures
proper delivery of public services.
4. The programs are not violating the right to privacy which is facet of
article 21 as the same is not absolute and for the larger public interest they are
acting as a reasonable restriction .
Also there is "a chance in a million" that data collected through both NCSS
and Niradhaar will lead to potential misuse, profiling, and infringement of their
privacy. as it is secure, and stringent measures are in place to prevent
unauthorised access. Thus measures have been taken to safeguard the right of
privacy.
PETITIONER SIDE
ISSUE NO 4: Whether the Niradhaar Card system which collects and
stores personal data without the consent of citizens violate the right to
privacy? Is the Government liable when data is misused by third
parties?
The Unique Identification Number System (Niradhaar) violates the citizens'
Fundamental Rights guaranteed under the Constitution of Singhara, particularly
the right to personal liberty and the right to privacy enshrined in Article 21, as it
collects personal data without consent. The government's coercion in making
Niradhaar mandatory for all transactions undermines genuine consent. The
State's dominance invalidates true consent, and shifting rationales like black
money and terrorism fail the proportionality test. Vulnerable groups should
have the option to opt-out, and trust between the State and citizens requires
alternatives for identification.
The government's actions are disproportionate to the aim of national security,
and less intrusive means exist. Niradhaar inverts the relationship between the
State and citizens, subjecting the population to unnecessary data collection
based on assumptions. The Jeeja Ghosh Case emphasized living with dignity,
and the Niradhaar System violates this principle by assuming impersonation for
the entire population. This approach infringes the Sanskrit shloka “Yato
Dharmastato Jaya” inscribed on the Supreme Court emblem, meaning “where
there is justice, there is victory.”
The Niradhaar program compels citizens to share sensitive information like
phone numbers and bank account details without ensuring a safe environment
for data storage. Conceptualizing the digital world as a ‘Jurassic Park,’ it risks
misuse by making citizens vulnerable. Niradhaar forces individuals to choose
between their right to privacy and their right to essential benefits like food and
education. The centralized storage of data poses risks, and its aggregation
violates Articles 19(1)(a) to 19(1)(g), 21, and 20(3).
Moreover, no legislation should put an individual’s data at risk. The denial of
basic entitlements for not producing a Niradhaar card is disproportionate. The
petitioner is not against Niradhaar as an identity card, but it should not be
public, stored centrally, or used to track individuals. Presuming every citizen is
a threat and constant monitoring violate their fundamental rights. Niradhaar's
architecture risks turning Singhara into a surveillance state, and national
security actions must respect constitutional concepts.
The Govind v. State of M.P. case emphasized that citizens' rights and freedoms
ensure individuals have a sanctuary free from societal control, where they can
express their true selves. Therefore, the Niradhaar Act, demanding citizens
reveal details without substantive reasonableness, violates human rights, the
right to life and liberty, and dignity
ISSUE NO 5: Whether the NCSS and Niradhaar card System balance
national security and the protection of individual rights?
It is humbly submitted before this Hon’ble Court that the NCSS and Niradhaar
card systems do not balance national security and the protection of individual
rights. The NCSS tracks and analyzes all digital communications, infringing on
citizens' right to personal liberty and privacy under Article 21 by collecting data
without consent. Niradhaar, mandatory for all transactions, also violates these
rights by imposing conditions on daily activities.
Despite claims of data security, these programs lack adequate safeguards,
leading to potential misuse and privacy infringement. The government's actions
are disproportionate, with less intrusive means available to achieve national
security without compromising individual freedoms. Niradhaar’s mandatory
nature prevents individuals from choosing alternative identification methods,
undermining trust between the State and citizens.
These programs subject individuals to constant monitoring, reducing their
dignity and transforming them into "a flock of sheep" required to authenticate
their identity perpetually. Fundamental rights should not be conditional on
proving one's identity through Niradhaar, as it destructs personal dignity and
liberty.
The State's obligation to protect citizens cannot be reversed by placing the
burden of proof on citizens to establish their identity. Privacy is a natural right
that must be protected to enjoy other fundamental rights, including controlling
the dissemination of personal information.
The NCSS and Niradhaar impose restrictions that fail to meet the criteria of
being just, fair, and reasonable. The harm principle states that actions should not
cause harm to others, but these programs violate this principle by imposing
surveillance and profiling, risking turning Singhara into a surveillance state.
They fail to uphold the principles of justice and equality by assuming
impersonation for the entire population, which is unjust and unconstitutional.
Citizens are forced to balance their right to privacy against their right to
essential benefits, compromising their fundamental rights. The centralized
storage of data poses risks, and its aggregation violates Articles 19(1)(a) to
19(1)(g), 21, and 20(3)
The NCSS and Niradhaar systems do not align with the values enshrined in the
Constitution, failing to protect citizens from arbitrary state actions. They impose
undue restrictions, violate fundamental rights, and undermine the dignity and
privacy of citizens, making the exercise of fundamental rights conditional and
disproportionately intrusive.