UID/Aadhaar
Public Interest Exclusive
Supreme Court says Aadhaar not necessary for essential services

The centre and state governments must not insist on Aadhaar from citizens before providing essential services, the apex court ruled

In a significant development, the Supreme Court on Monday has ruled that Aadhaar or the unique identification (UID) number, the United Progressive Alliance (UPA)'s ambitious scheme, is not mandatory to avail essential services from the government.

 

Various state governments have been insisting on making Aadhaar compulsory for a range of formalities, including marriage registration, disbursal of salaries and provident fund among other public services.

 

While hearing a public interest litigation (PIL) filed by retired Karnataka High Court judge Justice KS Puttaswamy and advocate Parvesh Khanna questioning the legal sanctity of Aadhaar, the apex court said, "The centre and state governments must not insist on Aadhaar from citizens before providing them essential services."

 

A Bench of Justices BS Chauhan and SA Bobde also directed central and the state governments not to issue the Aadhaar to illegal immigrants.

 

While trashing the Centre's claim of Rs50,000 crore expenses on the Unique Identification Authority of India (UIDAI) project, the Bench said that Aadhaar number is not necessary for important services.

 

In the petition, Justice Puttaswamy had sought an immediate stay on the implementation of the UID scheme. He said, "The scheme is complete infraction of Fundamental Rights under Articles 14 (right to equality) and 21 (right to life and liberty). The government claims that the scheme is voluntary but it is not so. Aadhaar is being made mandatory for purposes like registration of marriages and others. Maharashtra government has recently said no marriage will be registered if parties don't have Aadhaar cards."

 

The petitioner asserted that the issue required a meticulous judicial examination by the Bench since it raised questions not only over the government's authority to implement the scheme, but also highlighted the perils of the manner of its implementation.

 

The Bench accepted his arguments and agreed to hear his contentions on the interim stay as well on while asking the centre and state governments to file their replies.

 

In its reply, the Centre had earlier claimed that for an Aadhaar card, consent of an individual was indispensable and hence it was a voluntary project, with an objective to promote inclusion and benefits of the marginalised sections of the society that has no formal identity proof.

 

In July, replying to an un-starred question in the Lok Sabha on 8 May 2013, Rajiv Shukla, minister of state for parliamentary affairs and planning said, "Aadhaar card is not mandatory to avail subsidized facilities being offered by the Government like LPG cylinders, admission in private aided schools, opening a savings account etc."

 

Earlier in February, Employees' Provident Fund Organisation (EPFO) had said that looking at the difficulties in enrolment, it has decided not to make the UID or Aadhaar number mandatory for its over five crore members.

 


You may also want to read
 

Is Aadhaar being used as a political tool by the UPA government?

 

Aadhaar: Private ownership of UID data- Part I

 

Aadhaar: Who owns the UID database? –Part II

 

Aadhaar: The story of mistrust and misuse

 

The dark side of UID-1: Weaving a web of worries around U, I and Destiny of the nation

 

The Dark Side of UID-II: Why the west dumped biometrics
 

Is UID anti-people? 9-part series
 

The database state –Part1
 

A bundle of contradictions, misconceptions & mirages-Part2
 

Tall claims and tomfoolery of UID-Part3
 

Does the implementation smack of corruption and negligence?-Part 4
 

Why UID is impractical and flawed “Ab initio”–Part 5
 

The foundation for incessant intrusion–Part 6
 

Incarnation of new geo-strategic tools, NCTC, NATGRID, UID, RFID and NPR–Part7
 

UID’s security is flawed–Part 8
 

Law makers as law breakers-Part9

 

 

 

 

 

 

 

 

 

 

 

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COMMENTS

Ramesh Iyer

3 years ago

Aadhar Card / No is mandatory in Delhi to avail of many govt subsidies under various schemes. Will the Delhi govt now revert to earlier procedures ?
Won't be surprised if the UPA govt passes and ordinance to overrule this SC verdict as well !

Sukanya Rao

3 years ago

Strange though it may seem, on 25th Sept 2013, 'Udayavani' a kannada newspaper said that the Karnataka Government says that Aadhar is compulsory for receiving LPG subsidy and other benefits from the Government. Government does not agree with the Supreme Court! Who does the common man believe in?

REPLY

Dayananda Kamath k

In Reply to Sukanya Rao 3 years ago

supreme court may have to constitute a monitoring bench to initiate immediate action for contempt of court by legislatures.today they are misusinag their position as elected representatives to protect their own interest than for which they are elected. election commision should debarr all the political parties and their representitives in last two parliaments from contesting elction for life.

Mangesh

3 years ago

Aadhar was actually Aadhar to Nandan Nilekani jisane lagaya hame "Chandan" Plss ensure he should not win from Banglore south seat

Mangesh

3 years ago

Ammendment to "Peoples Representation Act" is blow to the democracy. Pls don't redefine Democracy as "Demon-Carazy"

MOHAN SIROYA

3 years ago

Now no use crying over the Spoilt milk. This Supreme Court ruling like all 'system cleansing public interest rulings viz; "Disqualification of jailed/convicted Reps" ,"RTI Coverage of Political parties' etc etc. the Government is either getting the law passed in Parliament to thwart the Apex court rulings or issuing "Ordinances"( when Parliament is not in session). News is that the Cabinet Committee has already prepared a necessary amended law to "protect the applicability of AADHAAR".
Such attempts by the Govt. in power ,even of the bills which are pending for consideration of the Parliament's Standing Committee, are nothing but an abuse of the Constitutional Powers .

Geoffrey Allen

3 years ago

My father is aged 86.. and my mother 85.. and both have difficulty walking or going out of the home... Everything was going on fine till this wretched Aadhar Card came along.
They both have 1) Passport 2) Ration Card 3)Driving Licence (though they do not drive now)4) A Voters ID Card...5) Pan Card...and what not kind of ID Cards made over the years. Now all of a sudden Life is becoming miserable for them.
The Gas distributor says that hence forth the Gas Cylinder would be given only if they have an Aadhar Card. Given their age they are not comfortable with Mobile phones and therefore have a Landline at home. For all purposes these authorities insist on having a Landline phone as a proof of your address.... but here was this Gas distributor fellow who was saying that "from now on you cannot book it over the counter or by phone but have to send an SMS to make a booking. I really dont understand what kind of a torture is this. Both are not earning and live off their children.. and to add salt to injury in this ripe old age... the distributor guy is saying.." When you book a Cylinder you will have to pay the full amount first and only then will the subsidy amount be credited to your bank account.
Oh! me oh my... where is this country headed?

REPLY

pravsemilo

In Reply to Geoffrey Allen 3 years ago

Hello,

Please see http://www.moneylife.in/article/how-lpg-.... You might have to work a bit but please put the effort. You can still avail LPG without aadhar.

VENKAT

3 years ago

If Govt has spent MONEY
To get an AADHAR HONEY,
Down went MONEY ,
With poor run in by Nilenkani,
Yet it is your MONEY
It is my India,HONEY!!!!

Regards,
VENKAT

Nataraj Kailasam

3 years ago

Aadhar can never be a success in this country. It's implementation is fraught with many difficulties. In a country where poverty rules and a sizeable section of the population is illiterate, it is simply not conceivable in the near future to have aadhar cads issued to. All citizens and even more difficult will be the linking to their bank accounts. We should not forget that banks are grappling with the problem of extending banking services in rural areas to further financial inclusion. Banks have their own problems , like shortage of staff, I viability of branches, not be I g able to open requisite number of ATMs etc.
This is not going to be agame chAnger- instead it. Could lead to the mother of all scams-- the biggest banking scam in the country.

Dayananda Kamath k

3 years ago

there is bigger scam in adhaar card also. as per the scheme and tender for adhaar enrolemnt people need not provide the copy of their documents.it is the duty of service provider to take copies of the douments and only original is to be carried by the person. they have taken tender taking into consideration this cost while aplying for tender but now they have insisted for copies to be provided by the individual a cool profit of rs. 2 per adhhaar card. calculate the loss to the people for billions of adhaar cards issued and yet to be issued. court shoud look into this aspect also and disgorge the amount pocketed by the serviceproviders. and take action for fraud on people against the concerned agencies and govt officials whohave failed to impliment the scheme. and kot

PRABHAT

3 years ago

THEN WHY THIS PUBLIC MONEY IS WASTED ?
WHO WILL MAKE GOOD THE LOSS ?

REPLY

Geoffrey Allen

In Reply to PRABHAT 3 years ago

They dont care for the loss.... their only concern is to come back to power by hook or by crook

Jeetendra Agarwal

3 years ago

We must be optimistic and this judgement has reposed the faith in the judiciary.
If someone feels the government will overrule the Supreme Court Judgement and do whatever they feel like then I have only one comment to make " The people of the country Deserves the government they have..."
Accept the govt or change it.....

SuchindranathAiyerS

3 years ago

What will become evident, as the years roll by, is whether the Supreme Court will prevail or the Government will. Going by the precedents of the last Sixty Six years, checks and balances and "rule-of-law" have no meaning in India. Even the High Courts do not heed the rulings of the Supreme Court and it costs a fortune to draw the attention of the Supreme Court. In this situation, the Govt will do whatsoever it pleases. The hapless citizens will comply with Aadhar to avoid harassment today thereby empowering Government to harass and extort all the more. tomorrow.

arun adalja

3 years ago

really goverment wasted tax payers money and the fellow who decided this project must be fined heavily.think twice before you waste public money.

Apurba Lal Kundu

3 years ago

Citizens of India will never get there Aadhaar Cards as Most of the Aadhaar Cards are thrown at garbage dump boxes I have still not received my Aadhaar Card from UIDAI. My own brother's Aadhaar Card is received from a Kirana Shop of our Area, who was selling Daily needs item wraped in it.

Priya Desai

3 years ago

This important judgement should work as a strong warning to the governm,ent before launching any such so called initiative. Earlier MAPIN requirement was a huge blunder under which a very large number of investors were waylaid to obtain one spending time, money and energy. we are not aware what happened of the fees collecxted which should have been returned to people forthwith. Same has been teh ADHAR story. When will this government start using crores of public money judiciously and with accountability?

What causes obesity and bulimia?

Fear, anxiety and mental overload are causes for obesity in human beings. How should one lead a healthy lifestyle in order to prevent obesity and bulimia?

Obesity, increase in bodyweight disproportionate to the height with excess fatty deposits under the skin, has become a menace to society, especially in the affluent West. It has reached its zenith in the US, where almost every person seems to be obese. It has become a good money-spinner for the pharmaceutical, technology and the food industries. Most of the quick-fix methods if not all are only tall claims. Some of them are downright risky and has the potential to kill. The fear of obesity and the mad rush to slim down has resulted in many Western girls developing a new disease, bulimia.

 

The low carbohydrate (low-carb) diet seems to be the latest fad. It is estimated by The Times magazine that nearly 1,558 low-carb products have been introduced in the US alone, in the last two years, with estimated sales of more than $30 billion a year. There are hundreds of other low fat, high-protein, diets that not only ruin one’s health but also increase anxiety levels. It is not what one eats that kills but one’s negative thoughts, the very heavy mental flab that kills. The overwhelming evidence points to the primacy of the mind in the causation of all killer diseases. Obesity is no exception.

 

Many of us overeat when we are depressed and/ or not happy. Similarly, many people lose weight and find it difficult to eat when they are troubled by extreme anxiety and guilt. While modern medical science says: “you are what you eat,” the science of spirituality says: “you are what you think.” This wisdom is the essence of Ayurveda that has existed for centuries. The bija mantra, the foundation of Ayurveda, is: “Prasanna aathma indriya manaha, swastha ithyabhideeyathe.” As long as the mind is free from all the dangerous negative thoughts and is filled with universal love, good health will be guaranteed. Patanjali’s Yoga Shastra, with its advocacy of the sattvic diet and chitta vritti nirodhah (control over ones greedy desires), would be the ideal recipe for an ideal body weight and good health.
 

Mary Baker Eddy wrote a treatise Science and Health with Key to the Scriptures wherein she quotes extensively from the Bible. In Luke's Gospel, Jesus says, "Do not worry about your life, what you will eat; or about your body, what you will wear. Life is more than food, and the body more than clothes." This counsel about food anxiety sounds extraordinarily contemporary. The Bible talks about the inner hunger for spiritual satisfaction that might be at the root of either overeating or self-starvation. It is the mental obesity that manifests as physical obesity. The holistic approach to obesity starts with spiritual management. That, when coupled with a sensible simple diet, would cure obesity permanently.
 

“Feast on giving. Happiness consists in being and in doing good….only what God gives, and what we give ourselves and others through His tenure, confers happiness: conscious worth satisfies the hungry heart, and nothing else can," writes Mary Baker Eddy. “We can dine on the reality that we are God’s own children,” wrote the Christian Science Monitor. Inquest Foundation, Bangalore is spreading the message of obesity management through spiritual means without the crazy diets and weight-reducing gadgets.
 

The message in Verse 96, in Sura V, of the Holy Quran is that food is less important for human health than righteousness.
 

In short, all the scriptures proclaim that it is the man’s mind with his awareness of his higher duties to God’s creations that determines one’s happiness or ill health. If one unloads the mind of all destructive negative thoughts and makes sensible changes in life style, then one quickly realises that not only obesity but all other physical illnesses will get corrected. While there is no pill for every ill, every pill has an ill following its prolonged use.
 

(Professor Dr BM Hegde, a Padma Bhushan awardee in 2010, is an MD, PhD, FRCP (London, Edinburgh, Glasgow & Dublin), FACC and FAMS. He is also Editor-in-Chief of the Journal of the Science of Healing Outcomes, chairman of the State Health Society's Expert Committee, Govt of Bihar, Patna. He is former Vice Chancellor of Manipal University at Mangalore and former professor for Cardiology of the Middlesex Hospital Medical School, University of London.)

User

COMMENTS

Vishrut Ramesh Patel

3 years ago

yes Prof, Your article is too good.
Two months ago i decided to eat right food instead of following diet plans i replaced my bad food habits and started eating healthy food nmostly natural fruits,nuts and salads, i lost my extra 5 kgs too.. and now i feel fresh and good everyday.

Madhu Menon

3 years ago

You're making Deepak Chopra sound sensible, and he's as much of a quack as they come.

Jagbir Singh

3 years ago

Dear Prof. Dr. BM Hegde ji, I find all of your articles very informative, give whole new perspective of medicine and health. They are like fresh air in the midst of manipulative, harmful, loaded information coming from all corners of media. Please keep writing.

Thanks,
Jagbir

raj

3 years ago

really good article

If you find yourself in a hole, stop digging!

Do not expect policymakers, including US Fed and Chinese leadership, to admit that they followed a policy of too much stimulus similar to the one that caused the 2008 crash. For them it is simply easier to ignore the risks and keep the money flowing

This week despite the endless fanfare and speculation, we did not see the beginning of tapering by the US Federal Reserve (Fed). The reason that the Fed gave is that the US economy is not strong enough to go without the additional stimulus. This may be true. Job growth in August was lacklustre. The Fed cut its forecast (again!). The US economy is now forecast to grow at no more than 2% this quarter. In addition, the US Congress is totally deadlocked. The effects of the austerity program known as sequestration are beginning to be felt. Without a likely temporary fix, the government will shut down next week and the debt limit may not be raised next month. However, is more money really the answer? Actually no. If all the money pumped into the economy over the past year really had an effect, the economy would now be a lot stronger. The real answer is that the Fed has no idea what to do and is just repeating a failed policy.

 

Nevertheless, do not expect anyone on the Federal Reserve Board of Governors, especially its outgoing Chairman, Ben Bernanke, to admit it. Admitting that they followed a policy of too much stimulus similar to the one that caused the 2008 crash might just destabilize frothy markets. It is simply easier to ignore the risks and keep the money flowing.

 

The first and second round of quantitative easing (QE) seemed to work at least during the program. But when the program ended, so did any gains. The lesson that the Fed seemed to learn is that if some QE is good, endless QE is far better. So they started the third QE. The difference is that they did not state a specific end date. Therefore, in theory the program can go on forever. But nothing does.

 

The third round of QE was similar to the other two. For a time it boosted markets and it seemed to boost the economy a bit. So it was considered a success. But there was a problem. While markets seem to give immediate proof of the program’s potential, the risks take much longer are just beginning to show up. However, the collapse of emerging market currencies at the mention of a slowdown in stimulus showed that risks are definitely there.

 

The US housing bubble had a similar course. The skyrocketing house prices were considered risk free.  Housing prices never went down. So the policy looked tremendously successful in the short term, the real and devastating risks of overpriced homes and bad mortgages took longer to appear.

 

The third round of QE forced investors to take greater risks than they otherwise would have. So money went into far more speculative investments. At the merest hint the program would end, money started to flow out of these investments. An obvious example would be emerging market bonds, but there are many, many others. They come in all shapes and sizes. From pik (payment in kind) and covenant light (cov-lites) loans in the US, to over-burdened consumers in Brazil, Thailand, and Korea, to bubbly housing markets in China and Australia, to rising bad loans everywhere. Whether these risky investments come back to haunt the authors of QE remains to be seen. My guess is that they will perhaps with a vengeance as the weakness of many more debtors all over the world becomes apparent.

 

But the Federal Reserve is hardly alone in repeating a policy with short term benefits, but longer term risks. China’s policy of massive stimulation based on borrowing may have a much greater impact than QE.

 

China built its success by suppressing interest rates and using large savings from a population with few social safety nets to make huge investments in its economy. Over time, this led to a large imbalance in the economy. While consumers spending make up 60% to 70% of most economies, their share of the Chinese economy could be as low as 35%. The state led investments in infrastructure and state owned companies have led to very high levels of inefficiency and over capacity. Much of this investment was funded by a cascade of loans, first from state owned banks and over the past two years by an explosion of the shadow banking system.

 

The Chinese leadership has acknowledged the need for reform. Li Keqiang, the Chinese premier, promised to overhaul state-dominated financial institutions, liberalize interest rates and eventually make the renminbi freely convertible. He has also said that he would rein in the domination of the China’s financial sector by state owned companies. In a recent speech, he also told executives that the government would no longer pour massive amounts of stimulus into the economy. He said, “When the economy is slowing, using a short-term stimulus to boost growth is one method, but we think that doesn't help solve deep-seated problems". 

 

It looked earlier this year when the Chinese economy was slowing that the government was true to its word, but that policy was short lived. When the slowing became uncomfortable, the government went back to the same old policies: more infrastructure spending and new loans to state owned industries and insolvent local governments.

 

In August, China’s industrial output increased 10.4% year-on-year a 17-month high and up from a 9.7% pace a month earlier. The markets assumed that it was a recovery but it was just digging the hole deeper.

 

The biggest rise in output came from state-owned sector. The rest of the rise came from the usual suspects: infrastructure spending and local governments. Total spending on infrastructure projects from wastewater treatment plants to new subway lines approved by the government in recent months reached more than Rmb1trillion ($160 billion). Many projects had already been planned but their implementation was sped up. Local government spending on highways went up 23% compared with a year earlier.

 

Of course, the surge in spending was not fuelled by taxes, but by more debt. Total social financing, China's broadest gauge of lending, surged in August to 1.57 trillion yuan ($256.6 billion) from 808 billion yuan in July. China's total lending has risen to close to 200% of gross domestic product this year, up from around 125% in 2008. But rising debt-to-GDP levels are an indication that much of the lending is not going to build new project but to pay off old loans. Worse, much of the financing was done with riskier short term unsecured financial instruments.  Therefore, the optimistic economic data that gave a boost to markets earlier in September only proves that the structural problems in the Chinese economy have only gotten worse due to the same policies.

 

In 2003, the new governor of Bank of Japan (BoJ), Toshihiko Fukui, doubled the level of quantitative easing. The stock market soared increasing by 65% in a year. But after the initial jump the economy, inflation and stock market went nowhere for 18 months as QE slowed from 2004 to 2005. This time when the new Bank of Japan governor, Haruhiko Kuroda, took over, he again started a round of QE and again the stock market soared. But this time the BoJ tried not to repeat their mistake and followed the American example by allowing unlimited QE. No doubt, they will also find it as difficult to unwind the program as their American colleagues.

 

The is an expression in the US, “If you find yourself in a hole, stop digging”. Sadly, this does not apply to policy makers. They feel if a policy worked well to solve a problem but for only a short period of time, then the solution to solving the problem is to repeat the policy, just larger, which will probably work, for a bit longer, until it doesn’t.

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