The veteran lawyer said the biometric identifier programme - being aggressively promoted by the government - had "serious consequences for this country, as it would affect future generations". "If your Lordships uphold the law, then, for every child born, Aadhaar will become mandatory and will be used even after the child becomes an adult", Sibal told the bench that also included Chief Justice Dipak Misra and Justices A.K. Sikri, A.M. Khanwilkar and Ashok Bhushan.
"In a bid to conclude the argument between Justice Bhushan and Sibal, Justice A K Sikri - another member of the five judge bench - intervened saying, what Sibal meant is that one nation, one identity does not mean that if one does not have Aadhaar, he does not cease to be an Indian".
Attorney General KK Venugopal opposed Sibal's submission.
Mr Sibal said the state itself may not want to misuse a citizen's data but "once the data is available in the public domain, it can be misused by private players".
He gave an example of a woman being denied widow pension on the ground that she does not have Aadhaar and said, "I am entitled for widow's pension because of my status and my entitlement has noting to do with my identity". "This actually indicates a countrywide problem", the bench observed. "And the question is whether until mechanisms are placed, nobody should be excluded", the bench said. "It is happening everyday", Mr Sibal said.
Sibal questioned the basis for Aadhaar being made the "sole identification" for welfare schemes under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services Act), 2016.
Citizens' data have been made available to private firms for commercial goal and architectural design of UIDAI was such that it has very little control over this, he said, adding that there is no fiduciary relationship between the individual and the person collecting the data.
He also stated that it was a wrongly drafted law with respect to "alternatives", because there was no scope of authentication of the identity of an individual except Aadhaar.
The UK Bill was scrapped on grounds including "the government is a servant of the people, not the master", Mr Sibal said. "I might be a pensioner with a pension card issued by the government, but it can still deny the benefit", he said.
"Aadhaar is nothing but right to Information for the state", the former Union Minister said, asserting that "information is power and if the power is given to state, it will use it like never before".
New Delhi-The Supreme Court on Thursday made it clear to the Centre that no person should be denied social security benefits for non possession of Aadhaar card and the benefits should continue to be extended to them on he basis of other forms of identity.
It is hearing pleas challenging the constitutional validity of the Aadhaar scheme and the enabling 2016 law.
The apex court had on December 15 previous year extended till March 31 the deadline for mandatory linking of Aadhaar with various services and welfare schemes of all ministries and departments of the Centre, states and Union territories.