As judges, we are only answerable to our conscience, says Justice Chandrachud

Justice D.Y. Chandrachud on Thursday sharply responded to a submission by petitioners challenging the Aadhaar scheme that unless the judges agreed to their point of view they risk being branded “Aadhaar judges” 25 years down the line.

“If that is the impression, so be it; I would better like to be known as a nationalist judge… What is this way of saying that either you are with me or you will be branded as Aadhaar judge? We, as judges, are only answerable to our conscience and not anyone here,” Justice Chandrachud orally retorted at senior advocate Shyam Divan, arguing for the petitioners.

Justice Chandrachud, who authored the majority judgment for the nine-judge Constitution Bench which upheld privacy as a fundamental right, criticised Mr. Divan for indulging in “hyperbole” in his submissions.

World Bank debunked

The face-off came shortly after Mr. Divan, in his submissions, countered Justice Chandrachud’s remarks about reports showing that the World Bank has endorsed the Aadhaar project. Mr. Divan, seconded by advocate Vipin Nair, responded by dismissing as “completely without basis and demonstrably incorrect” the Centre’s claims that the World Bank has estimated a saving of $11 billion per annum and that an agency like World Bank is independent and would not engage in puffery.

Mr. Divan had earlier referred to the Aadhaar project as a “giant electronic leash” which reduced individuals to mere numbers. He had portrayed the spread of Aadhaar use as a way to a “totalitarian State”.

“You can’t argue your case on hyperbole. That's not the way to argue a constitutional case,” Justice Chandrachud addressed the petitioners’ lawyer.

He made his displeasure clear about the tone, attitude and tenor in which the petitioners have been addressing the Constitution Bench led by Chief Justice of India Dipak Misra.

“The moment, we ask questions, we are attacked as if we are committed to an ideology or anyone. If that is so, I plead guilty to the charge. We are not here defending the government nor are we going to follow any NGO line,” Justice Chandrachud said.

In the day-long hearing, senior advocate Kapil Sibal intervened to remark that the government through Aadhaar was imposing a “one nation one identity” norm on free citizens.

But Justice A.K. Sikri said the problem was the population of the country and a certain lack of integrity leading to duplication of identity records and fraud.