Deadline for linking of Aadhaar with various services extended

Satya Prakash

Tribune News Service

New Delhi, December 15

The Supreme Court on Thursday extended the deadline for mandatory linking of Aadhaar with various services and welfare schemes, including mobile phone numbers, to March 31 next year.

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A Five-Judge Constitution Bench headed by Chief Justice of India Dipak Misra said the deadline for Aadhaar-linking of mobile phone numbers stood extended from February 6, 2018, to March 31, 2018.

The order extending the deadline for linking of Aadhaar shall also be applicable to all state governments, besides the Central government and its departments.

While accepting the Attorney-General KK Venugopal’s statement, the Bench extended the last date for the completion of the process of Aadhaar linking of new bank accounts to 31 March 2018, subject to the submission of the details in regard to the filing of an application for Aadhaar and the furnishing of the application number to the account opening bank.

However, Justice DY Chandrachud, who pronounced the order on behalf of the Bench, said as an interim measure, an SC Division Bench order in Binoy Vishwam’s case upholding Section 139AA of the Income Tax Act will continue to operate. The top court had held that Section 139AA is not discriminatory and did not violate Article 14 of the Constitution that guaranteed right to equality.

The Bench chose not to stay the government’s orders and notifications on Aadhaar and fixed January 17, 2018, for the final Constitution Bench hearing to decide the petitions challenging the validity of Aadhaar Act and related notifications.

The order came on pleas for stay on various notifications issued by the government making Aadhaar-linking mandatory with 139 various services and schemes.

The Centre, which has already extended the deadline for Aadhaar-linking from December 31 to March 31, 2018, had opposed demands for stay but said it was ready to extend the deadline with regard to mobile phone numbers as well from February 6 to March 31 next year.

Venugopal had on Wednesday said the government was insisting on February 6 deadline for mobile phone number-Aadhaar linking because of February 6, 2017, order of the court and the government was willing to extend the deadline up to March 31 next year.

He had, however, insisted that the 12-digit biometric identification number should remain mandatory for opening of new bank accounts. The Constitution Bench order on Thursday is likely to cover this aspect.

On behalf of petitioners, senior advocate Shyam Divan had cited orders passed by the court in 2015 which restrained the government from making Aadhaar mandatory.

“Once directions are issued by this court, everyone has to obey it. At least protect the institution first before the citizens”, Divan had submitted.

His arguments were countered by Venugopal who pointed out interim orders were passed at a time when there was no law. Now the government notifications were backed by the Aadhaar Act which validated the executive actions, he had added.

But Divan had said even after the law was enacted, the Centre should have approached the top court and sought modification in the interim order.

On Behalf of petitioners, several other senior counsels, including Gopal Subramanium, KV Vishwanathan, Arvind Datar and Meenakshi Arora, had raised various issues ranging from right to privacy to the difficulties faced by people to impress upon the court to grant some interim relief.

They had said it was strange that the government was insisting on Aadhaar even for nursery admissions and grant of scholarships.