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.
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Won't be surprised if the UPA govt passes and ordinance to overrule this SC verdict as well !
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 .
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?
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.
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
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.
WHO WILL MAKE GOOD THE LOSS ?
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.....