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SC to set up Constitution bench to hear pleas against Aadhaar

  •   Mon, Oct 30 2017 05:34:08 PM

New Delhi, Oct 30 (PTI): A constitution bench would be set up to hear a clutch of petitions challenging the Centre's decision to make Aadhaar mandatory for availing various services and government welfare schemes, the Supreme Court today said.

A bench, comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud, said the larger bench would commence hearing on these petitions in the last week of November this year.

Earlier today, the apex court questioned the West Bengal government for filing a plea challenging the Centre's move to make Aadhaar mandatory for availing benefits of various social welfare schemes while asking how a state can challenge the mandate of Parliament.

It also asked West Bengal Chief Minister Mamata Banerjee to file the plea as an individual.

Recently, a nine-judge Constitution bench had held that the Right ot Privacy was a Fundamental Right under the Constitution. Several petitioners challenging the validity of Aadhaar had raised the issue that the scheme was violative of privacy rights.

Senior advocates Gopal Subramanium and Shyam Divan, appearing for those opposing the Aadhaar scheme, had sought urgent hearing on the petitions.

The Centre had on October 25 told the apex court that the deadline for mandatory linking of Aadhaar to avail the benefits of the government schemes has been extended till March 31 next year for those who do not have the 12-digit biometric identification number and were willing to have it.

The petitioners had termed the linking of the Unique Identification Authority of India (UIDAI) number with bank accounts and mobile numbers as illegal and unconstitutional and strongly objected to the CBSE's move to make it mandatory for students to appear for exams.

Divan, appearing for some of the petitioners, had earlier contended that final hearing in the main Aadhaar matter, which is pending before the apex court, was necessary as the government "cannot compel" citizens to link their Aadhaar with either bank accounts or mobile numbers.
  

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Comment on this article

  • SMR, Karkala

    Mon, Oct 30 2017

    “Mere pyare deshvasiyon, give me 50 days of pain to deliver the India of your dreams,” said Prime Minister Narendra Modi on November 8, “otherwise punish me at the place of your choice” - and most of India was sold to the utopian idea.
    The nation went hysteric at the prospect of being able to sacrifice in what they believed was a chance to take part in a "freedom struggle" against the greedy rich.
    People lined up outside ATMs and banks, for hours, days; often returning empty handed when machines ran out of cash; the poor hopeful that black money hoarders were going bankrupt, even as corrupt bankers laundered money.
    It was, therefore, with great excitement and confidence that the working class and the poor waited for Modi to share details of the black money banks had collected in 50 days. They were sure he was going to lay bare a balance-sheet, including details such as money spent on printing new notes, and how much more time would be required before the withdrawn equivalent currency would be back in the system. People expected life would soon return to normal.

    They also expected the PM to apologise for the bad calculation, for dragging them into utter misery to withdraw and use their own hard earned money. Instead, they got a merry-go-round gobbledygook of “sound and fury” that signified nothing.

    Why can’t Modi himself tell the nation right away how much unaccounted assets have been recovered so far; and the total quantifiable cost of implementing demonetisation to the exchequer?

    Somewhere in the first few weeks of the money game, the government realised it had goofed up. And they wondered if Modi would apologise; admit the error of judgment and the foolhardiness?

    Will he announce compensation to families who lost their breadwinners and the elderly just because he acted upon a daydream balanced on nothing more than an inflated ego?

    50 days of demonetisation are over. The PM did not keep any of his promises. We must keep the one he made for us.
    GS'Tea' or GST?

    DisAgree Agree Reply Report Abuse

  • Santan Mascaenhas, Kinnigoli/Mumbai

    Mon, Oct 30 2017

    This Aadhaar linking has given me lot of headache. This year, to file IT return, the linkage of PAN with Aadhaar made mandatory. My Aadhaar no. was not accepted by IT linkage, since there was some spelling mistake. The centres do not work daily and I had to go 3-4 times and finally the work is done. I have one Mangalore sim card, in Mumbai they told me to go to Mangalore for linking it with Aadhaar. Since my Aadhaar card has Mumbai address, it cannot be linked they said. in Mangalore. I do not have ration card in Mumbai, but in Kinnigoli, I went to Panchayat office for linking. They sent my information, but it was rejected at Tahasildar office , since my Aadhaar has address of Mumbai. Now I heard they are going to link my apartments with Aadhaar, but since I have one more apartment outside Mumbai and one in Kinnigoli, I do no know what actually is the intention of the govt. It looks everything you have should be within the address in Aadhaar. The constitution says you can live anywhere in India and have property or business anywhere, but if this restriction is made, I think only SC can resolve this.

    DisAgree Agree [1] Reply Report Abuse

  • Mohammed, Kundapur/Qatar

    Mon, Oct 30 2017

    mr. modi , please clarify to me, when you are in opposition you and your party opposed adhaar card, and now you are in power, so why did you implemented, which is the idea of congress party.
    in the same way, for gst as well.

    DisAgree Agree [5] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Mon, Oct 30 2017

    Aadhaar is a good concept but I am still not able to figure out the advantages of Linking ...

    DisAgree [1] Agree [9] Reply Report Abuse

  • Dr Mohan Prabhu, LL.D, QC, Mangalore (Kankanady)/Ottawa, Canada

    Mon, Oct 30 2017

    this matter needs to be dealt with by the larger bench of the SC on an urgent basis as it is one thing to link government welfare schemes, income tax returns, and similar matters where the government has a vital interest in protecting revenue from fraudsters and others taking advantage, and quite another to link it to bank accounts, personal banking, etc. No government in the world has demanded such disclosure, and private parties and even state governments cannot have access to or demand the comparable identification such as the Canadian SIN, US SSN, etc. At best, they can demand other photo identification showing birth dates, citizenship, local/home address, and if family members are linked to these latter details, their names etc. and the exact relationship.
    The SC's ruling on this vital AADHAAR linking issue is eagerly awaited.

    DisAgree [2] Agree [3] Reply Report Abuse

  • HENRY MiSQUITH, Bahrain

    Mon, Oct 30 2017

    Central Government making mockery of whole judiciary system if this will continue it will surely destroy the credibility of constitutional institutions..

    DisAgree [1] Agree [9] Reply Report Abuse

  • kumara, abu dhabi

    Mon, Oct 30 2017

    sc should think about 2050 and future before taking decision.

    DisAgree [4] Agree [2] Reply Report Abuse

  • Ravi, Kudla

    Mon, Oct 30 2017

    Just days after Mamata's threat, finally Supreme Court agrees to hear pleas against Aadhar. Hope it delivers another historic judgment.

    DisAgree [2] Agree [13] Reply Report Abuse


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