High court permits Aadhaar card usage on voluntary basis for government schemes | Aadhaar card usage for government schemes.
A Constitution Bench led by Chief Justice H L Dattu, however, clarified that connecting of Aadhaar for giving these services will just get on voluntary basis and also no person shall be denied of any sort of perk for desire of Aadhaar.A Constitution Bench led by Chief Justice H L Dattu, however, made clear that linking of Aadhaar for giving these solutions will just get on voluntary basis as well as no individual will be denied of any kind of benefit for want of Aadhaar.In a major reprieve for the federal government, the High court on Thursday enabled consumption of Aadhaar cards additionally for MNREGA, Jan Dhan Yojana, pension as well as provident fund schemes. It had earlier restricted its usage to public distribution system and also LPG subsidy, engaging the federal government to rush to the court looking for an authorization to make use of Aadhaar for much more services.
A Constitution Bench led by Chief Justice H L Dattu, nonetheless, clarified that connecting of Aadhaar for giving these solutions will only get on volunteer basis as well as no individual will be denied of any kind of perk for want of Aadhaar.
The Bench customized the August 11 order of a three-judge bench, which at the time of referring the concern to a larger bench, had actually said Aadhaar can be made use of only for circulation of food grains, kerosene oil as well as for LPG subsidy.
The government and its various regulatory authorities such as RBI, IRDA, SEBI, TRAI relocated the court, requesting it to lift the restraint to make sure that Aadhaar can be used to linking various other services as well. The five-judge Constitution Bench was subsequently established only to hear the appeal for changing the acting order.
The High court on Thursday relaxed its earlier order to expand consumption of Aadhaar card on voluntary basis in social welfare schemes like the country task guarantee plan, old age pensions, provident fund as well as prime minister’s Jan Dhan Yojana.
A constitution bench making up Chief Justice H.L. Dattu, Justice M.Y.Eqbal, Justice C. Nagappan, Justice Arun Mishra and also Justice Amitava Roy changed the August 11 order on a set of Aadhaar Card applications by the main federal government and also its various agencies seeking the relaxation of the claimed order by which using Aadhaar card was limited for getting foodgrain as well as kerosene under PDS and for LPG.
The court said: “We likewise make it clear that Aadhaar card system is purely voluntary as well as cannot be necessary till the issue is made a decision.”.
It likewise asked the federal government to follow all court orders from September 23, 2013.
Prior to passing the order, the court asked Chief law officer Mukul Rohatgi to show three social welfare schemes that the government intended to link with voluntary consumption of Aadhaar card.
After pointing out the country task system, aging pensions, provident fund and also head of state’s Jan Dhan Yojana, as Rohatgi wanted to add linking the position of checking account with one-of-a-kind identification number, the court stated: “Adjustment and also explanations can be limited.”.
First of the hearing, Principal Justice Dattu asked the elderly counsel Shyam Divan that “if the use of Aadhaar card is good for obtaining food grains as well as kerosene under the PDS and LPG, then why cannot it benefit various other social welfare schemes also”.
Divan, appearing for Karnataka High Court’s previous court Justice K.S. Puttaswamy, nevertheless stated that they were opposed to allowing using Aadhaar card for obtaining the food grains as well as kerosene under the PDS and also LPG yet the 3 courts bench goinged by Justice J.Chelameswar for striking an equilibrium allowed this and also “we have to deal with it”.”.
“We sought overall restriction. Attorney general desired no restriction (on linking Aadhaar card with different schemes), the court stabilizing the interest allowed the use of Aadhaar number for PDS and also LPG,” he said.
“Making this exemption for the PDS was wrong as well as ought not to have actually been done. it has been attempted and failed,” Divan informed the court, asserting that once accessing things relating to Aadhaar card number obtains set in the system, then it would certainly be irreparable.
At this Principal Justice Dattu said: “I am also a citizen of this nation. I want to use my (Aadhaar) card for obtaining facilities. Can you state that I can not use it?”.
In response, elderly counsel Gopal Subramaniam stated: “Even if you knowingly understand the risks of parting with details for obtaining Aadhaar card and yet you go with it after that the state has to step in.”.
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