SEBI and PFRDA: Not Aadhar for Aadhar's Existence

In an interview on NDTV’s ‘Buck Stops Here’, Barkha Dutt asked Nandan Nilekani, “UIDAI does not have parliamentary backing... So, why hasn’t parliament been able to endorse it all these years?" 

Nandan responded to that “UIDAI has been set up on an executive order” charge with a nonchalant: “Oh, it happens all the time. SEBI (Securities Exchange Board of India) and PFRDA (Provident Fund Regulatory & Development Authority) were both set up first and then enactments were passed."

Chalk and Cheese Comparison

Well Nandan's argument is completely over the top since it is based on an apples-to-oranges comparison, as can be made out from the distinctions summarized below:

1. SEBI and PFRDA, unlike UIDAI, are regulatory, i.e., ‘watchdog’ entities. UIDAI, on the other hand, is an operational, or, if I may, ‘workhorse’ body. 
   
2. SEBI and PFRDA are both not concerned with sensitive issues like citizenship, illegal migration, national security, etc. UIDAI relates to all such sensitive matters. 
3. The creation of SEBI and PFRDA was neither rejected nor opposed by Parliament. UIDAI was rejected by the 31-member Parliamentary Standing Committee on Finance, and hence it lacks legislative sanction.  
4. Neither SEBI nor PFRDA had any systemic loopholes that could be potentially exploited to confer benefits (such as subsidies, etc.) on illegal migrants. UIDAI, by enrolling all residents of India (lawful or otherwise), will surely lead to misuse of welfare schemes and wasteful outflows.  
5. SEBI and PFRDA did NOT entail the collection of personal (biographic and biometric) data by private parties (i.e., enrollers). UIDAI does. This raises questions on risks associated with data misuse or misappropriation, identity theft, etc. 
6. When SEBI and PFRDA were set up, they did NOT involve any infrastructure creation on as large a scale as UIDAI. So huge amounts of money have been invested on UIDAI with no accountability or transparency. 
7. Neither SEBI nor PFRDA violated any constitutional processes or parliamentary prerogatives. UIDAI did. This is a serious lapse since UIDAI is expected to generate revenues (through online authentication of ID).
8. While SEBI and PFRDA have quasi-judicial powers and functions, UIDAI is a purely executive outfit.  

Conclusion

There many other ways in which the existence of UIDAI, or the circumstances thereof, can be deemed to be incongruent and incompatible with that of either SEBI or PFRDA. But, that would be tantamount to beating a dead horse. Wouldn’t it? 

Bottom-line: Questions do persist about the aadhar (foundation) for the Aadhar scheme. And, drawing parallels with either SEBI or PFRDA is only obfuscating the issue with an obscure, tenuous argument!!