17th March, 2015 11:14am
National Comments
Supreme Court warns state governments over Aadhaar card
Giving a stern warning that any official found demanding an Aadhaar card for disbursal of government schemes would be taken to task, the Supreme Court on Monday fumed at authorities nationwide continuing to insist on Aadhaar card despite its specific direction in September 2013.
Dealing a major blow to the UPA government's flagship scheme, the apex court had in its September 2013 interim order said Aadhaar should not be made mandatory for people to avail government services and nobody should be deprived of such facilities for want of the card.
Making it clear that no person can be made to suffer for not having the card, the court on Monday said it "would take to task" any official found demanding it.
"Instances have come to the fore that authorities in states are continuing to ask for the card for disbursing government benefits or subsidies. If they are still insisting on it, it virtually amounts to contempt. Better advice the states that it will have serious consequence," Justice J. Chelameswar, part of a special three-judge bench hearing petitions challenging the constitutional validity of the Aadhaar cards told Solicitor General (SG) Ranjit Kumar.
After the bench made its displeasure clear, the SG submitted that the Centre will be issuing notice to all states and "ensure that the court's interim order is adhered to strictly".
The court's remarks came after senior lawyers Gopal Subramaniam and Shyam Divan, who appeared for two petitioners, said state authorities continue to insist on furnishing of the card to provide subsidy on ration and cooking gas or issue documents such as driving licence and marriage certificate.
Subramaniam told the court he got to know that the Bombay High Court Registrar was shocked to get a circular from the government stating that all its staff and judges should furnish the card and its number for getting their salaries.
The bench also told Subramaniam: "File affidavit bringing to our attention specific instances of authorities asking for Aadhaar cards for disbursing government benefits or subsidies we shall take the officer to task."
The UPA government had defended the Aadhaar scheme and said it was essential for good governance, transparent implementation of government programmes and ensure that its benefits reach only the eligible persons.
It had also pointed out to the court that it had enrolled 53 crore citizens till September 30, 2013 spending 3,494 crore and it had to ensure that the huge amount does not go waste.
The NDA government after that had also informed the court that it intended to retain the scheme but said it would not deny any service or subsidy due to non-possession of the card.
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