SC Refuses Interim Order Against Centre’s Notification On Aadhaar:- Against the Centre’s notification on making Aadhaar compulsory, for availing benefits of various social welfare schemes, the Supreme Court on Tuesday refused to pass any temporary order.
No interim order can be passed at this stage on the “mere apprehension” of petitioners, that Government may withhold people from availing benefits of various social welfare, due to lack of Aadhaar, said a vacation bench of Justices comprising A M Khanwilkar and Navin Sinha.
The apex court on June 9 passed the judgment, in which it had upheld the validity of an Income Tax Act provision, making Aadhaar compulsory for allotment of PAN Cards and filing of tax returns. But, it had put a partial stay on its implementation till a Constitution bench addressed the issue of right to privacy.
“In view of the observations made in the judgment in Para 90 of the case, decided on June 9, no further observation is required,” the bench said.
For those who do not have Aadhaar and are availing the benefits of various social welfare schemes, the Centre has extended the June 30 deadline to September 30, said Additional Solicitor General Tushar Mehta told the bench during the hearing. Directions should be given to the Centre to not withhold any person of the benefits of social welfare schemes which he/she is enjoying now due to lack of Aadhaar, said Senior advocate Shyam Divan, who is appearing for petitioners.
The bench told Divan that, “On mere apprehensions, no interim order can be passed in judicial writ. You have to wait for one week. If somebody is deprived (of the benefits) you can point out the same to this court. It further posted the matter for further hearing on July 7. Three separate petitions challenging government’s notification making Aadhaar mandatory for availing benefits of various social welfare schemes were being heard by the apex court.
On June 9, the Centre told the apex court that around 95.10% of the entire population has registered voluntarily for Aadhaar and discernment of “large-scale exception” of citizens from government benefits due to lack of unique number was “misplaced” and “unfounded”. In its counter affidavit filed in response to several petitions opposing the scheme, the Government had quoted a World Bank 2016 report. In the report, it said if Aadhaar was applied to all social programmes and welfare distribution, it would save the government USD 11 billion annually.
The government’s savings through Direct Benefit Transfer Scheme on account of Aadhaar in 2014-16, was Rs 49,560 crore. Though the notification requires people to enroll for Aadhaar by June 30, those who are unable to get themselves enrolled due to lack of facilities, can give their contact details and would be registered later, said the Centre.
When Aadhaar has been adopted by several authorities in consistent to directions by the apex court, and as per legislative amendments by the Parliament, the court in pursuance to the Aadhaar Act 2016, shall not to hold applications seeking interim stay of notifications passed, as it would stall and interfere with the governance.
On May 19, the Centre refused to extend the June 30 deadline for making Aadhaar mandatory for availing social scheme benefits. “There is no question” of extending it,” Attorney General Mukul Rohatgi had said. He further said the idea behind making Aadhaar mandatory for welfare schemes was that the benefit should not go to “ghosts” as was noticed in schemes like the public distribution system (PDS).
A great deal of orders earlier had been passed by the apex court asking the government and its agencies not to make Aadhaar mandatory for extending benefits of their welfare schemes. However, the Centre sought SC to seek Aadhaar card voluntarily from citizens for extending benefits of schemes like LPG subsidy, Jan Dhan scheme and Public Distribution System etc., the Centre had been allowed by the Supreme Court.
SUPRAJA
