Govt can insist on Aadhaar for DL, passport, but not for welfare schemes: SC

Satya Prakash

Tribune News Service

New Delhi, March 27

In a boost to the NDA government’s attempt to link its services to Aadhaar, the Supreme Court on Monday endorsed its decision to make it mandatory to provide the UID number for opening bank accounts, issuance of passports and driving licences.

(Follow The Tribune on Facebook; and Twitter @thetribunechd)

A bench headed by Chief Justice JS Khehar, however, said the government cannot insist on Aadhaar for extending benefits of social welfare schemes to citizens.

“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... 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 bench said.

The clarification came after senior advocate Shyam Divan, representing former Karnataka High Court judge KS Puttaswamy, asked for an early hearing of an application challenging the Centre’s move to insist on production of Aadhaar for mid-day meals. Puttaswamy and others have challenged the Aadhaar on the ground that it violated individuals’ fundamental right of privacy.

Divan said such insistence amounted to violation of people’s fundamental right to liberty by restricting their freedom, besides contempt of court as the Supreme Court had passed several orders that Aadhaar cannot be made mandatory for people for availing benefits of social welfare schemes.

However, the CJI said there was no urgency as the main issue relating to the constitutional validity of Aadhaar involving collection of biometric data, fingerprints and other personal details collected by private agencies had already been referred to a five-judge Constitution Bench.

Justice Khehar indicated the issue may be examined by a seven-judge bench instead of a five-judge bench. “It has to go to a seven-judge bench. It will take time. There is already a protection (i.e. October 15, 2015 order). We are not inclined to give immediate hearing as there are limited resources (number of judges),” Justice Khehar said.

On October 15, 2015, a five-judge Constitution Bench had permitted the government to extend the use of Aadhaar for extending social benefit schemes such as MNREGA, Pradhan Mantri Jan Dhan Yojana and pension schemes for the old, widows and disabled.

But it had clearly said Aadhaar shall not be made mandatory for social schemes till the matter was pending in the top court.