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Context:
- The Union government’s order to re-verification of cellphone subscribers
What is the issue all about?
- The government has directed the telecom operators to re-verify cellphone subscribers
- The notice threatened disconnection of cellphone connections if a user failed to link their Aadhaar prior February 28, 2018
Why is the order being criticized?
- Recently, the Supreme Court of India declared privacy as a fundamental right
- The order is creating anxiety, irritation among users
- Some of the users still may not have enrolled for Aadhaar
- The count told that Aadhaar programme should be restricted to voluntary and specific services
- The court nowhere uses the phrase “direction” which is a term of art contained in court orders to impart a binding force.
- Misinterpretation of the court’s opinion may damage the institutional credibility of the Court
- The Supreme Court has indicated that the pending litigation on Aadhaar will be finally heard in November.
What is the existing procedure for cellular subscribers?
- Since the Union government is the custodian of the airwaves, it issues licenses to private companies to provide mobile voice and data services.
- Telecom operators are governed by regulations including those for subscriber verification by the Department of Telecommunications (DOT)
- Pre-existing norms required cellular users to furnish a valid government identification for availing mobile services and some form of additional verification.