SC pulls up Bengal govt, says Mamata can move court
CRITICISM Court says state govt’s plea violates federal structure, asks chief minister Mamata Banerjee to file petition as an individual
NEWDELHI: The Supreme Court on Monday pulled up West Bengal for its plea questioning the Centre’s decision to make the 12-digit biometric Aadhaar number mandatory for availing social benefits, saying it was against the federal structure.
The Bengal government, which is at loggerheads with the Centre, had on October 28 filed a petition challenging the Centre’s order to link various welfare schemes to Aadhaar.
“In a federal state, how can one state government challenge a law passed by Parliament. There is no doubt it (Aadhaar) needs examination but the prayer can’t be entertained,” a bench of justice AK Sikri and justice Ashok Bhushan said.
The Mamata Banerjee government’s plea is the latest against Aadhaar that has been challenged on various grounds, including violation of privacy.
The petition violated federal structure, the court said, adding, “Tomorrow the Centre can challenge a law passed by the state.”
Appearing for the Bengal government, senior lawyer Kapil Sibal said the plea was filed by the labour department as subsidies for various schemes were given by it.
“You satisfy us how the state has challenged it,” the bench said, adding the Centre’s move could be challenged by an individual but not by states. “Let Mamata Banerjee come and file a plea as individual. We will entertain it as she will be an individual,” the top court retorted to which Sibal maintained the state was entitled to agitate. He then offered to amend the prayer.
Within hours of the court’s remarks, Banerjee issued a statement.
“We have the highest respect for the courts. We raised our point, on which the court made its observation. Even some individuals raised their points on this issue. We honour the court order and will adhere to its order. I have information that some individual moved the plea,” she said.
In a separate plea, the court issued a notice to the government over a plea by a student opposing linking of Aadhaar to mobile phone numbers. The court gave the Centre four weeks to respond to the petition. The government is expected to tell the court in the afternoon that it was willing to extend to March 31 the deadline for linking Aadhaar to various welfare schemes, bank accounts and mobile phones.
The Centre says linking of Aaadhaar was aimed at weeding out ghost beneficiaries and preventing pilferage. Rights activists, however, say people are being denied benefits such as subsidised food for want of Aadhaar.
The government says 95% of India’s 1.25 billion people have been issued Aadhaar, which is not a proof of citizenship and is given to all residents.
(With PTI inputs)