No need to link Aadhaar with bank accounts, mobile phone for now: SC


New Delhi, Mar 13 (IANS): The Supreme Court on Tuesday extended the deadline for linking of various services with Aadhaar till it delivers its judgment on a batch of petitions challenging the constitutional validity of the biometrical identification scheme.

Announcing the order, a five-judge constitution bench, headed by Chief Justice Dipak Misra, however said that this extension will not affect the linking of Aadhaar with the disbursal of benefits under social welfare schemes.

"We direct that the interim order passed on December 15, 2017 shall stand extended till the matter is finally heard and the judgment is pronounced," the court said in its order.

The court also directed that its interim order "shall also control and govern the Passports (1st Amendment) Rules, 2018" which insisted on Aadhaar identification for getting passports under the 'Tatkal' scheme.

The order came as senior counsel Arvind Datar, appearing for one of the petitioners, told the court that passport issuing authorities have made submission of Aadhaar mandatory for issuance of passports.

At this point, Attorney General K.K. Venugopal sought to clarify that this requirement of Aadhaar was only for issuance of 'tatkal' passports.

The current deadline for linking of bank accounts, mobile phone connections, and other services with Aadhaar was March 31 and this had been extended by the apex court on December 15 last year.

As Chief Justice Misra said that their interim order stands extended, the Attorney General told the court that the government was prepared to extend the deadline in the last week of March as arguments in the matter would have concluded by then.

"We were prepared for extension in last week of March," he told the court in a bid to stall the extension.

The constitution bench, which also includes Justice A.K. Sikri, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud and Justice Ashok Bhushan, had on March 7 ruled that the Central Board of Secondary Education (CBSE) will not insist on Aadhaar-only identification for NEET and other all-India examinations.

Earlier in the course of the arguments, senior counsel P. Chidambaram told the court that it could look into the decision of the Lok Sabha Speaker in allowing Aadhaar Bill to be tabled as a Money Bill.

Noting that under the Constitution's Article 122, the decision of the Speaker that a Bill is a Money Bill was "final" and mere procedural irregularities would not stand in the way of the decision, he argued that the Speaker's decision was final only in respect of Lok Sabha and does not interdict the court from looking at it if the decision is coupled with illegality and unconstitutionality.

Appearing for Congress's Rajya Sabha member Jairam Ramesh who has challenged the introduction of Aadhaar Bill as Money Bill, Chidambaram, who continued his arguments from the last hearing on March 7, said that to declare a bill as a Money Bill even though it is not was a procedure that violated the Constitution's basis structure, thus the power of judicial review is not taken away.

He told the court that declaring as Bill as a Money Bill strikes at the root of federalism as it eclipses the powers of the Rajya Sabha which represents the collective wisdom of the states.

Telling the court that when a Bill goes beyond the provisions of Article 110, it besmears a Finance Bill and Money Bill is a "very narrow small text of the Finance Bill", Chidambaram said that by declaring Aadhaar Act as a Money Bill not only denuded Rajya Sabha of its power to scrutinise the Aadhaar Bill, but took away the power of the President to return a Bill for reconsideration.

The court was told that only those bills meeting the requirements specified under sub-clause (a) to (f) of clause (1) of Article 110, or any matter which is incidental to these sub-clauses, can be introduced as Money Bill.

  

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Comment on this article

  • Sachin Shetty, Mangalore

    Wed, Mar 14 2018

    I knew all this natak will happen , Thats why I did not link my number...

    DisAgree [1] Agree [4] Reply Report Abuse

  • William, mangalore

    Wed, Mar 14 2018

    Govt. is playing the money of poor. The nigerians are ten times brillliant than any security system. In gulf countries if there is any fraud through oneline crooks, banks will pay immediately within few days to customers.

    Whether the same if any online fraud, WHETHER THE BANK OR GOVT. ASSURES OUR MONEY BACK IMMEDIATELY WITHIN FEW DAYS? MERELY ASSURING ADHAAR IS SAFE NOT ENOUGH. SUPPOSE ANY ONLINE FRAUD, BANKS OR GOVT ASSURES OUR MONEY BACK? (The answer is surely a big NO..)

    DisAgree Agree [5] Reply Report Abuse

  • Vincent Rodrigues, Bengaluru/Katapadi

    Wed, Mar 14 2018

    Why then banks have insisted to link Aadhaar with the deposits of customers when the issue is pending in the Supreme court

    DisAgree Agree [9] Reply Report Abuse

  • L n T, Mumbai

    Wed, Mar 14 2018

    Supreme Court now please decide about the Voting method is it compulsory caste our valuable vote through EVM?

    DisAgree [2] Agree [24] Reply Report Abuse

  • Declan, Mumbai

    Wed, Mar 14 2018

    Do not expect answer from them. Justice Loya's death is still fresh in memory.

    DisAgree Agree [25] Reply Report Abuse

  • Alwyn, Mangalore

    Tue, Mar 13 2018

    Wow.... what a slap to Modi? Modi, it is your time to see your face in the mirror.

    DisAgree [6] Agree [42] Reply Report Abuse

  • D.Shetty, Mangalore

    Wed, Mar 14 2018

    why Modi ? you dont want better for the country... I am unaware but yet understand strong Aadhar would be better for having all services controlled in single account and the govt trying its best to get it through ..of course there is flaws which has to be addressed and govt has extended it to March and now SC has extended again until further notice.. So why you are happy, i think u lived life in misery with congress development and let this govt to do something better for our generation as we voted for it and with your negative thoughts and comment its definite you dont like anything positive happening for our country,...such a disgrace

    DisAgree [12] Agree [3] Reply Report Abuse

  • Honnappa, Byadagi

    Tue, Mar 13 2018

    Not many understand the implications of linking aadhar with every thing like bank account ,mobile sim etc. Just because Western nations have done it we need not do. They have their own compulsion like old age pension, social welfare,social security all are government sponsored. Here in India only selected few are eligible for such schemes so universal application of aadhar is wrong. We all know how government system in India is weak and vulnerable. In future some may misuse it for profiling of people based on caste,religion, income and many other factors. Already we know even after aadhar some people have left the country after cheating the banks. This shows that aadhar is not viable. In many states of India the citizens of other countries have obtained aadhar card. In recently concluded national registry of citizens drive in Assam, aadhar was not included as proof of identity instead land right record, school certificate,birth certificate and others were considered as proof of identity. This central government is just spending few thousand crores of amount on aadhar claiming large amount of saving which is false. Also at many parts of India there is no proper infrastructure to implement and maintain aadhar system which has resulted in stopping of food and other essential ration to poorest people. The aadhar must not be made compulsory for bank accounts, sim card etc.

    DisAgree [1] Agree [23] Reply Report Abuse

  • Satish, Mangaluru

    Wed, Mar 14 2018

    D
    As the government is emphasizing on linking Aadhar card with bank accounts, there is a need to review some of the benefits that are attached with Aadhaar card. Before delving on the subject, it is important to note that Aadhar number is a 12 digit UID (unique identification number).

    Here are the benefits that come with Aadhar card.

    1. Direct Benefits Transfer (DBTL) - As per the earlier mandate of the UPA government, Aadhar enabled bank account was the basis of the transfer of subsidy amount directly to the bank account. The process remains the same during the Modi-led government as the subsidy amount gets credited to bank account. However, if an individual does not require subsidy, then he/she can opt out of the scheme.

    2. Scholarships - Students entitled to receive a scholarship from the government will get the amount credited to the Aadhaar enabled bank account. The need for linking Aadhaar to the bank account for receiving scholarships is implemented only for a few select Indian states.

    3. Access to DigiLocker - The government’s initiative to allow every individual store their personal documents on its server through DigiLocker. The access to this facility requires one to have a valid Aadhaar card number.

    4. Monthly Pension payments - For the convenient and seamless transfer of pension amount, the government has made it mandatory for pensioners of select states to register their Aadhaar number with the respective department to receive pension payments. The move is also intended to curb fraudulent practices of claiming pension by beneficiaries.

    5. Payment of Provident Fund - The government has also made it mandatory for employees to link their Aadhaar number with the EPFO (Employee Provident Fund Organization) for claiming the proceeds.

    6. Digital Life Certificate - Under the ‘Jeevan Praman for Pensioners’ initiative, the government will put an end to the woes of pensioners by doing away with the need of being physically present to receive the pension. I

    DisAgree [7] Agree [2] Reply Report Abuse

  • Truth teller, Karnataka

    Wed, Mar 14 2018

    Can you tell me why the government has made it mandatory for hospitals to take Aadhar of patients while getting admitted!?. Two days back I had a shocker when we had to admit a person and hospital asked for Aadhar or within twenty four hours else treatment will not be given!!!. Why aadhar compulsary for hospitals when we are paying from our pockets!?. Has the government lost its mental balance!?. Also why Aadhar for Insurance policies!?.

    DisAgree [1] Agree [13] Reply Report Abuse

  • Suraj, Mangaluru

    Wed, Mar 14 2018

    Do you know amount of fraud going on in government and private hospitals in insurance claims and selling subsidised medicines in the outside market. Brainless and chaddiless people who lost mental balance can not understand. That is why Aadhar card is mandatory .

    DisAgree [3] Agree Report Abuse

  • Well-wisher, Mangalore

    Tue, Mar 13 2018

    Waiting for Amit Shah statement that the decision to link was taken due to technical error and say that "ye Sab jhumla hai". This is what happens when the country is ruled by unqualified people.

    DisAgree [2] Agree [34] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Tue, Mar 13 2018

    India is surviving because of Supreme Court ...

    DisAgree [2] Agree [46] Reply Report Abuse

  • Declan, Mumbai

    Wed, Mar 14 2018

    God only knows for how much longer.
    Amit Shah
    Justice Loya

    DisAgree Agree [16] Reply Report Abuse

  • Matin, Madgaon/Muscat

    Tue, Mar 13 2018

    Dear Daiji Reader now can I get GST Without AdharCard. Waiting Replay Thanks

    DisAgree [1] Agree [5] Reply Report Abuse

  • Kiran dsouza, Udupi

    Tue, Mar 13 2018

    There should be certain qualifications for the politicians then India will in good status as we have in all other jobs

    DisAgree [3] Agree [30] Reply Report Abuse

  • SMR, Karkala

    Tue, Mar 13 2018

    Supreme Court pass one rule and PM Modi's Finance Minister says the other. Whom should Indian believe?
    Is Central Bank RBI Governor is still alive or is he in camotise counting the 'Demonetised currency since one year?
    Jai Hind

    DisAgree [1] Agree [49] Reply Report Abuse

  • Ben, Mangalore

    Tue, Mar 13 2018

    The common man that have already linked Bank A/c's , Mobile will now be under Scrutiny, the Rich whi knew this would happen and not yet linked will move freely. Nice Move...

    DisAgree [2] Agree [28] Reply Report Abuse

  • Dr Mohan Prabhu, LL.D, QC, Mangalore (Kankanady)/Ottawa, Canada

    Tue, Mar 13 2018

    Mark the SC words "for now" - may be they are harbingers for the heavy weight to come down, much to the relief of the "get rich quick and get out" people.

    DisAgree [2] Agree [12] Reply Report Abuse

  • Hashim Khatri, Doha

    Wed, Mar 14 2018

    Government and the Court are two sides of the same coin!

    DisAgree Agree [4] Reply Report Abuse

  • Jenifer, Mangalore

    Tue, Mar 13 2018

    Till now, people ran from one office to the other, and from one bank to the other, to get their linkage completed. All of a sudden now there is no need to do it ? Why ? All those who robbed without giving a heed to linking business are done with their loot and have fled ?

    Whom you will hang now, a common, salaried man who succumbs to TDS ?

    Disgusting !

    DisAgree [1] Agree [30] Reply Report Abuse

  • Manoj, mangalore

    Tue, Mar 13 2018

    Are you (Government and Court) playing with general public.

    LINK and DON'T LINK.

    First finalize and announce whether linking is necessary or not.

    Don't waste our Time and Money...

    Most of the people are already forcefully linked AADHAR with bank account , Gas connection and mobile sim card.

    DisAgree [1] Agree [32] Reply Report Abuse

  • K K, BAJPE

    Tue, Mar 13 2018

    Very good, excellent decision by Supreme Court..

    Thanks Supreme court for coming to our resue...

    DisAgree [3] Agree [27] Reply Report Abuse

  • Abdul Jabbar, Mangalore

    Wed, Mar 14 2018

    LOL..What excellent decision ? Already millions of people have linked their adhar card with bank accounts.Your data is already with them.No use delinking it now.

    DisAgree Agree [3] Reply Report Abuse

  • George, Mangalore

    Tue, Mar 13 2018

    Is this a laboratory to experiment by trial n error method?
    That's why we need to specify a standard of IQ test for the politicians.

    DisAgree [1] Agree [38] Reply Report Abuse

  • dinky, uae

    Tue, Mar 13 2018

    its all vvip polticians , corporate fraudstars want privacy to loot india till india drains out all its natural resources. its big slap on GOVT .

    DisAgree [2] Agree [37] Reply Report Abuse

  • Alwyn D Almeida, Mangalore/Dubai

    Tue, Mar 13 2018

    Link Aadhaar with GRAVEYARD.

    DisAgree [3] Agree [54] Reply Report Abuse

  • abdul hameed, krishnapura- mangalore

    Tue, Mar 13 2018

    WELL SAID SLAP ON CENTRAL GOVERNMENT

    DisAgree [6] Agree [41] Reply Report Abuse

  • Stephen, Mangalore

    Tue, Mar 13 2018

    Why are just using all these words my friend, Aaadhar is a good thing and with that lot of other things shall be scrutinized. I agree that the central government has to do a lot to make it user-friendly, but just for the sake of blaming just do not blame. I do not see any meaning in your statement. I am not a great BJP fan but Aadhar is a good thing for INDIA.

    DisAgree [22] Agree [6] Reply Report Abuse

  • Anil, Dubai

    Tue, Mar 13 2018

    Ha ha ,,, All political game …
    Just wait and see what all changes will come in future …
    I m sure …now BJP will come up with this ..
    “BJP will say .. the adhaar card planning and linking is not BJP agenda and it was UPA Gvmt. who has initiated and we have continued it … “

    DisAgree [3] Agree [50] Reply Report Abuse

  • PEDDA GUNDA, MANGALURU

    Tue, Mar 13 2018

    How to disqualify the already linked to bank and phone as there is no guaranty for the privacy factor??? However, this decision taken on a hurry without study ?? wasted thousands and crores of money !

    DisAgree [2] Agree [34] Reply Report Abuse

  • Kumar, Kinnigoli

    Tue, Mar 13 2018

    MOSTLY ALL GENERAL PUBLIC HAS ALREADY LINKED AADHAAR WITH BANK AND MOBILE.
    NOW THIS NON COMPLUSION WILL HELP ONLY RICH CORRUPT AND CHOR PEOPLE.

    DisAgree [2] Agree [65] Reply Report Abuse

  • Jembar Bappu, BAJPE

    Tue, Mar 13 2018

    Slap on Central Government...

    DisAgree [5] Agree [55] Reply Report Abuse


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Title: No need to link Aadhaar with bank accounts, mobile phone for now: SC



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