Can’t make Aadhaar a must to avail of benefits, rules SC

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

The top court also said the government could use the biometric ID for non-benefit schemes and processes such as the opening of bank accounts.

The observations come amid a storm over a decision last week to make the biometric ID mandatory for PAN cards and filing IT returns. The Centre has indicated that PAN cards could be invalidated by year-end if not linked with Aadhaar.

The government has also linked Aadhaar to schemes such as mid-day meal and payments under the national rural jobs scheme, sparking fear that many could be denied their entitlements for want of the ID.

A clutch of petitions challenging the orders, and Aadhaar, are pending in the SC. The top court said on Monday that it would set up a seven-judge bench to hear the pleas but did not indicate a timeframe.

“A seven-judge bench has to be set up to hear the pleas challenging Aadhaar but right now it is not possible,” PTI quoted the SC as saying.

In an interim order four years ago, the court had said Aadhaar couldn’t be made mandatory for government benefits. The Aadhaar act of 2016 also says no one may be denied benefits on account of not having the ID, if they had applied for it.

A five-judge bench headed by the then Chief Justice H L Dattu had also put a caveat in its interim order for the Centre and said, “We also make it clear that Aadhaar card scheme is purely voluntary and not mandatory till the matter is finally decided by this court, this way or the other way.”

The bench, while including the four other schemes along with LPG and PDS where Aadhaar may be used, had said, “The Union of India to follow all other orders passed by this court since September 23, 2013.” The bench had also said that a larger bench was required to be set up for final disposal of the petitions that also include the question as to whether the right to privacy is fundamental right. Divan, representing one of the petitioners who has challenged the Aadhaar card scheme, had claimed that the Unique Identification Authority of India (UIDAI), which runs the programme, is neither backed by any law nor by any notification and is getting biometric details through private agencies.

The lawyers for the petitioners had contended that the scheme is “all pervasive” and is not full proof either and hence, cannot be used for other programmes.

On October 14, 2015, the apex court took note of Centre’s plea that Aadhaar cards be allowed to be used “voluntarily” for welfare programmes other than PDS and LPG schemes and asked whether it can assure that nobody would be at a “disadvantageous” position for want of Aadhaar.