Friday, December 15, 2017

All Aadhaar deadline extended to 31 March 

NT Bureau and Agency December 15, 2017



New Delhi: The Supreme Court today extended till 31 March next year the deadline for mandatory linking of Aadhaar with various services and welfare schemes.

A five-judge Constitution Bench, headed by Chief Justice Dipak Misra, in an interim order, also modified its earlier order with regard to linking of Aadhaar with mobile services and said the deadline of 6 February next year for this purpose also stood extended till 31 March.

The bench, which also comprised justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, said for opening new bank accounts, an applicant will not be required to provide Aadhaar number to the bank.

However, the applicant will have to show proof to the bank that s/he has applied for the Aadhaar number, Justice Chandrachud, who wrote the unanimous interim order, said.

The apex court said the Constitution bench would commence final hearing from 17 January on the petition challenging the Aadhaar scheme itself.

Yesterday, attorney general K K Venugopal had submitted before the top court that the deadline of mandatory linking of Aadhaar with various services and welfare schemes can also be extended up to 31 March next year.

Recently, a nine-judge Constitution bench of the apex court had held that Right to Privacy was a fundamental right. Several petitioners challenging the validity of Aadhaar had claimed it violated privacy rights.

Some petitioners in the top court have termed the linking of the Unique Identification Authority of India (UIDAI) number with bank accounts and mobile numbers as ‘illegal and unconstitutional’.

Shyam Divan, a senior advocate and one of the petitioners, argued that Aadhaar linking was being extended to all areas like availing of scholarships, nursery admissions and medical treatment for HIV patients in violation of court orders.

“The government has disregarded the court’s earlier orders that continue to have full sanctity and say that until the apex court takes a final decision on Aadhaar, it cannot be made mandatory for all services,” Divan said.

He added that the government should have sought variation of orders limiting mandatory use of Aadhaar.

CJI Misra, however, observed that the court’s earlier orders were passed based on the government’s executive decision, and needed to be tested on the anvil of law, now that the Aadhaar Act is in place.

On 30 October, the apex court referred all Aadhaar cases to a five-judge Constitution bench to be formed by the end of November.

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