Senior advocate Gopal Subramanium advanced the rejoinder submissions and said Aadhaar was not an "affirmative action" on the part of state to serve the people.

"Is the Act an enabler or is it in the guise of an enabler? The Act is not an instrumentality to deliver services. It is only a means of identification," he said.

"We have to read the true purpose of the law and whether the law seeks to achieve that purpose. Dignity and autonomy is not preserved by section 7 of the Aadhaar Act," he said.

Aadhaar Act did not have a proper purpose and "a claim to a proper purpose is not proper purpose", he said, adding that "Authentication is at the heart of the Act. Failure of authentication is a ground for denial of services." The State seeks to take away the data without the backing of a strong data protection framework, he argued.

To this, the bench said the Act like Aadhaar needed a regulator which was presently absent.