The Supreme Court on Monday took serious exception to Aadhaar card still featuring as an essential prerequisite in Government schemes and services despite its previous order restraining States and Centre from denying any benefit to citizens who do not possess it.
Dealing with petitions filed challenging the validity of the Aadhaar cards issued by the Unique Identification Authority of India (UIDAI), the bench headed by Justice J Chelameswar asked Centre to write to all Chief Secretaries of States and Administrators of Union Territories reminding them of the Court’s order of September 23, 2013 passed in this regard.
Posting the matter in July, the Court agreed with the petitioner’s counsel senior advocate Gopal Subramanium highlighting violation of Court order. Subramanium referred to notifications issued by some states where Aadhaar was mandatory to obtain lease deed or a marriage registration certificate.
“Instances have come to our notice too that the Aadhaar identification (card) is being insisted upon by various authorities. We are not going into the specific instances. We expect that the Union of India and states and all their functionaries shall adhere to the order dated September 23, 2013,” added the bench, also comprising Justices SA Bobde and C Nagappan.
Solicitor General Ranjit Kumar who appeared for the Centre assured the Court that the Union will write to all State Governments. He reminded the bench that all states were party to the proceedings in the case and can be directed to comply with the Court order.
“There is no excuse for you,” the bench told Kumar. The petitioners which included even a former judge had argued that citizens cannot be forced to part with confidential information at the first instance, particularly when the Government has no mechanism to ensure its safety and confidentiality. As some States insisted on Aadhaar cards to be compulsory for receiving salary, provident fund disbursals and marriage and property registrations, the need arose for the Court to pass an interim order. The bench allowed Subramanium to approach the Court in the event there was any further violation of its order.