Delhi High Court Stays Mandatory Aadhaar Biometric Attendance for Public Prosecutors

In India, on Friday, the Delhi High Court stayed an order issued by the Delhi government that mandated Aadhaar-enabled biometric attendance for public prosecutors, additional public prosecutors, and assistant public prosecutors.

This interim stay by the Delhi High Court is significant for public prosecutors and other government employees, as it temporarily halts a directive that raised concerns about privacy and practicality. The challenge to the mandatory Aadhaar-enabled Biometric Attendance System (AEBAS) underscores the ongoing legal scrutiny of Aadhaar's implementation, particularly regarding its intersection with fundamental rights. The court's decision to grant a stay indicates a prima facie recognition of the petitioners' arguments regarding potential violations of the right to privacy and arbitrariness, signaling that such mandates are not immune to judicial review and require careful consideration of their legal basis and impact.

The petition challenges the October 5 order from the Director of Prosecution on several grounds: violation of the right to privacy under Article 21 of the Indian Constitution, arbitrariness under Article 14, and alleged violations of the Aadhaar Act, 2016. Article 21 guarantees the right to life and personal liberty, which the Supreme Court has interpreted to include the right to privacy. Article 14 ensures equality before the law and equal protection of the laws, prohibiting arbitrary state action. The Aadhaar Act, 2016, provides the statutory framework for Aadhaar, and its provisions have been subject to extensive judicial interpretation, particularly concerning mandatory linking and data protection. The Delhi High Court, exercising its writ jurisdiction under Article 226, has the power to issue stays and review administrative actions. The plea also highlighted that public prosecutors are