Jamaica SC follows DY Chandrachud’s dissent

Mumbai: The Jamaica Supreme Court  has followed Justice D.Y. Chandrachud’s dissenting opinion in Aadhaar case to declare that its National Identification and Registration Act is unconstitutional and of no legal effect.

The government of Jamaica had developed a National Identification System (NIDS) to provide a ‘comprehensive and secure structure to enable the capture and storage of personal identity information for citizens and persons ordinarily resident in Jamaica.’

National Identification and Registration Act was enacted in 2017, though not yet brought in force.

Julian Jay Robinson, a Member of Parliament and General Secretary of the People’s National Party which forms the Opposition in the Jamaican Parliament had approached the Supreme Court challenging the Act.

The court held the Act unconstitutional, thereby striking down NIDS.

Both the Chief Justice and Justice Batts quoted extensively from Aadhaar judgment delivered Supreme Court of India, particularly endorsing the dissenting opinion delivered by Justice Chandrachud in the case.

“From reading the judgments in this case Dr Chandrachud, in my respectful view, demonstrated a greater sensitivity to the issues of privacy and freedom that is not as evident in the judgments of the majority or the other judges who delivered concurring judgments. His lordship had a clear-eyed view of the dangers of a state or anyone having control over one’s personal information and generally I preferred his approach to the issue over that of the other judges,” said Jamaica CJ  Sykes.