Can’t make Aadhaar must for benefits: Apex court

NEWDELHI: The government cannot make Aadhaar mandatory to access benefits and welfare schemes, the Supreme Court observed on Monday amid mounting criticism over expanding the use of the 12-digit unique identity number.

But the top court allowed the government to use the Aadhaarbased biometric identity of people for non-public welfare schemes such as opening of bank accounts or for issuing driving licences. “You can enforce … but you can’t enforce it for extending a benefit. If somebody wants to open an account, you are free to do. That is not a benefit. There you can’t prevent him from using Aadhaar card,” the court said. “Similarly for issuing a licence, you can ask him to use it. But it can’t be done in the context of social welfare schemes.”

The observations follow a storm over the government’s decision last week to make Aadhaar must for filing income tax returns and to apply for a PAN or permanent account number. The Centre has indicated that PAN cards could be invalidated by this yearend if not linked with Aadhaar.

The government has linked Aadhaar to schemes such as the mid-day meal for students in government schools and payments under the national rural jobs scheme, setting off fears that many people without the ID could be denied their entitlements. In an interim order four years ago, the top court said Aadhaar couldn’t be made mandatory for government benefits.

A bench headed by Chief Justice JS Khehar clarified on Monday that a clutch of petitions challenging the validity of Aadhaar would be heard in due course.