Modern Law College Progressive Education Society's
Modern Law College
Ganeshkhind, Savitribai Phule Pune University Circle, Pune 411016.
Recognised by the Government of Maharashtra, Permanently Affiliated to the Savitribai Phule Pune Unversity & Approved by the Bar Council of India, New Delhi
I.D. No. PU/PN/LAW/189/2003; Recognized U/S. 2(f) &12(B) of UGC Act 1956
Accredited by NAAC with B++ grade

Modern Law College

12th Shankarrao Kanitkar National Moot Court Competition 2018

MLRC and Others v. Union of Indiana

MLRC, A Legal Research Centre, has approached the Honourable Supreme Court of Indiana, through a Public Interest Petition, against the Union of Indiana, contending that the collection of the biometric data for the purpose of Janadhar Card, violates the Right to privacy of the citizens. For obtaining the Janadhar Card, applicant has to provide his biometric data. The Petitioner contends that this is a violation of Article 21 of the Constitution of Indiana which grants “right to Privacy” as a fundamental right, which is evident in various decisions of the Apex Court and therefore the Janadhar Card Scheme should be declared Unconstitutional.

In another petition filed by ACCESS, a NGO working on the issues regarding civil and political rights of citizens, before Honourable Supreme Court, has contended that Janadhar Card is made mandatory by Government to avail the benefits under various social welfare schemes. The petitioner alleged that non availability of Janadhar Card denies the citizens the access to the benefits under various social welfare schemes, which is clear violation of fundamental right to equality as guaranteed by the Constitution of Indiana. Secondly the NGO has contended that by denying citizens access to scheme also defeats the basic purpose of welfare state enshrined under the Directive Principles of State policies given in Constitution of Indiana.

The Honourable Supreme Court taking into consideration the gravity of the same, decided to hear the matters jointly and the notice was issued to the Union of Indiana in this regard.

The main issues for consideration are:-

  • Whether “right to privacy” is guaranteed in the Part III of Constitution of Indiana?
  • Whether the Janadhar Card Scheme is Unconstitutional and violates the provisions of Part III of the Constitution of Indiana?
  • Other ancillary issue, if any. The case is scheduled for final hearing on 13th January 2018.

Note: All laws and legal system of Union of Indiana is similar to laws and legal system of Union of India.