The Government’s decision to make Aadhaar mandatory for availing scholarships, mid day meals, education and PAN linkage suffered another setback when the Supreme Court on Friday allowed an urgent hearing on an application to stay this move.
The court will hear the matter on Wednesday.
The application was mentioned by senior advocate Shyam Divan before the Constitution Bench headed by Chief Justice JS Khehar to decide the triple talaq issue. The CJI allowed the application to be listed for hearing before a two-judge Vacation Bench on Wednesday.
For the Centre, Solicitor General Ranjit Kumar opposed any urgent hearing as he informed the CJI that the petition actually challenges the Aadhaar Act 2016 itself.
He said that if any interim orders are needed to be passed, the matter should be heard by a five-judge Constitution Bench since the validity of Aadhaar scheme is pending consideration before a Constitution Bench.
In the past, he pointed out, that when the Centre sought interim directions to extend Aadhaar service to other Government schemes, the five-judge Constitution Bench had assembled and passed necessary orders.
But CJI observed, “It is not as if this matter cannot go to a two-judge bench. That time it was available so they sat.”
The petitioners had urged that there is urgency to pass orders as the Government intends to make Aadhaar mandatory for a slew of services after June 30.
Divan said, “Despite the order of this court that Aadhaar will be voluntary and not mandatory, the Government has been coming out with a series of notifications making it mandatory to avail benefits of schemes like scholarships, Right to Food and mid-day meal in schools.