Don’t insist on Aadhaar: Supreme Court tells states and Centre
Posted March 17th, 2015, 03:52 PM IST

New Delhi: The Supreme Court on Monday directed the Centre and all states not to insist on the Aadhaar card for grant of social security benefits to citizens under various schemes or for any other purpose. A three-judge bench of Justices J. Chelameswar, S.A. Bobde and C. Nagappan reiterated the interim order passed on September 23, 2013, and said the Centre and states should scrupulously adhere to this order.
In a brief order, the Bench said, “It is brought to our notice that in certain quarters the Aadhaar card is being insisted (upon) by various authorities. We do not propose to go into specific instances. As notice has been issued to the Centre and all the states, we expect all authorities to scrupulously adhere to our interim order dated September 23, 2015.” The Bench directed the matter to be listed for final hearing in the second week of July.
Acting on a batch of writ petitions filed by Justice K.S. Puttaswamy, retired judge of the Karnataka HC and others challenging the issuance of Aadhaar card, the apex court in its September 23, 2013, order had said, “No person should suffer for not getting the Aadhaar card in spite of (the) authority making it mandatory, since government says it is voluntary.”
Reiterating it’s stance on the voluntary nature of the Aadhaar card, the Supreme Court said that no citizens should suffer, if they did not possess an Aadhaar card. During the resumed hearings, senior counsel Gopal Subramanium brought to the notice of the new Bench that in spite of the interim order, the authorities were still insisting on production of the Aadhaar card for availing any service, subsidy, benefit, scholarship, marriage or vehicle registration. He said the Delhi government had issued a circular on March 9 insisting on the Aadhaar card for registration of marriages.
Justice Chelameswar in a lighter vein asked counsel, “Is it an arranged marriage or love marriage? At least they (the authorities) don’t say before you start loving you must have Aadhaar card.”
When the Solicitor General tried to wriggle out saying that it was for the states to comply with the earlier interim order, Justice Chelameswar said, “We also receive letters in private about authorities insisting on the Aadhaar card. Don’t say like that.”
In a brief order, the Bench said, “It is brought to our notice that in certain quarters the Aadhaar card is being insisted (upon) by various authorities. We do not propose to go into specific instances. As notice has been issued to the Centre and all the states, we expect all authorities to scrupulously adhere to our interim order dated September 23, 2015.” The Bench directed the matter to be listed for final hearing in the second week of July.
Acting on a batch of writ petitions filed by Justice K.S. Puttaswamy, retired judge of the Karnataka HC and others challenging the issuance of Aadhaar card, the apex court in its September 23, 2013, order had said, “No person should suffer for not getting the Aadhaar card in spite of (the) authority making it mandatory, since government says it is voluntary.”
Reiterating it’s stance on the voluntary nature of the Aadhaar card, the Supreme Court said that no citizens should suffer, if they did not possess an Aadhaar card. During the resumed hearings, senior counsel Gopal Subramanium brought to the notice of the new Bench that in spite of the interim order, the authorities were still insisting on production of the Aadhaar card for availing any service, subsidy, benefit, scholarship, marriage or vehicle registration. He said the Delhi government had issued a circular on March 9 insisting on the Aadhaar card for registration of marriages.
Justice Chelameswar in a lighter vein asked counsel, “Is it an arranged marriage or love marriage? At least they (the authorities) don’t say before you start loving you must have Aadhaar card.”
When the Solicitor General tried to wriggle out saying that it was for the states to comply with the earlier interim order, Justice Chelameswar said, “We also receive letters in private about authorities insisting on the Aadhaar card. Don’t say like that.”
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