Aadhaar pushed back: SC defers linkage with bank, phone until it disposes all petitions

In a major reprieve for citizens, the Supreme Court on Tuesday extended the deadline for mandatory linking Aadhaar with bank accounts and mobile numbers till the disposal of multiple petitions challenging the constitutional validity Aadhaar Act.

While making the order, the Chief Justice Dipak Misra-headed constitution bench clarified that the extension of the deadline was only applicable to bank and mobile linking and will not affect the linking of Aadhaar with the disbursal of benefits under social welfare schemes.

The bench also said that Aadhaar cannot be made mandatory for issuance of Tatkal passport.

The five-judge bench also comprising justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan, is hearing on day-to-day basis a string of petitions challenging the Constitutional validity of Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.

Besides the constitutional validity, the Modi government’s move to introduce the law as a Money Bill has also been challenged.

During the hearing, former Union minister P Chidambaram appearing as one of the counsels, questioned the introduction of Aadhaar Bill as a Money Bill in parliament.

He argued the through the money bill route the government bypassed the Rajya Sabha which has an important role to play.

“This hampers the basic part of the Constitution, the federal structure,” argued Chidambaram.

The Modi government in 2016 enacted the law mandating Aadhar for availing subsidies, benefits and services, the expenditure for which is incurred from the Consolidated Fund of India.

While the biometric database was launched in 2009 under the Congress-led UPA, the Narendra Modi movernment has been steadily mandating the use of Aadhaar for availing wide range of services including filing income tax, registration of mobile phone numbers as well as welfare, pension and employment schemes.

The Apex Court had earlier extended the deadline for mandatory linkage of Aadhaar number with all services and schemes including bank accounts and mobile numbers, to March 31, 2018 from the earlier stipulated December 31.

The Apex Court bench on December 15 last year had earlier extended the deadline for linking of bank accounts and mobile phone connections till March 31.

Hearing the petitions, the bench on March 7 had held that Aadhaar was not mandatory for registering or appearing for NEET or any other national examinations and documents like Voter ID, Passport, Driving License, Bank Account book can be used for the purpose.

In August 2017, the Supreme Court had declared privacy to be a fundamental right, while clarifying the decision on the constitutional validity of Aadhaar would be taken separately.