Aadhar cards for Class I students

Noting that the authorities can not insist on a citizen to produce his Aadhaar card, the Supreme Court on Thursday extended the voluntary use of the card to the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), all types of pensions schemes, employee provident fund and the Prime Minister Jan Dhan Yojana.

The apex courtroom structure bench headed by Chief Justice HL Dattu modified its earlier order saying that Aadhaar card scheme is purely voluntary and never obligatory until matter is determined by this courtroom.

Para 3 of the 11 August interim order had allowed the use of Aadhaar for direct benefit transfer in foodgrain, kerosene and cooking gas schemes. UIDAI is seeking clearance to include Aadhaar’s use for schemes like biometric attendance system, digital certificates and pension payments among others.

Subsequently, a number of regulatory authorities put up a joint defence seeking a modification of the interim order.

The official said the best part is that all this is compliant with the law, and this is what the government needed to tell the Supreme Court rather than harping on the privacy issue, and added that while the passage of the UIDAI Bill to give Aadhaar a statutory status is the ultimate solution, its use even now is legally valid, so it can’t be stopped.

A batch of petitions has claimed that the Aadhaar scheme, which involves the collection of people’s fingerprints and iris impressions, violates an individual’s “fundamental” right of privacy and is, therefore, unconstitutional.

“I have not made a decision as to whether it will go before a nine judge or 11 judge bench”. Petitioners’ counsel – senior advocates Shyam Divan, Soli J Sorabjee and Gopal Subramaniam – reluctantly agreed to allow voluntary use of Aadhaar to these four schemes after the five-judge bench remained struck to its point – if the card could be voluntarily used for availing LPG subsidy and ration, why should it be not true for other schemes.

“No person will be denied benefits under any government scheme for want of Aadhaar card”, the A-G submitted.

Over Rs 7,000 crores had been spent for issuance of Aadhaar card, he said.

The 5 judge bench this afternoon commenced with the Aadhaar hearing after reference from the Supreme Court on the issues of existence of privacy as a constitutional right and on clarifications of the interim order issued on 11th of August.

The centre said the government’s “highest functionary” would file an affidavit in the apex court stating that possessing an Aadhar card would not be mandatory for getting benefits under social welfare schemes.

Further, the Aadhaar cards would help in stopping fake withdrawal of money arising out of welfare scheme and pensioners would not have to visit the pension officer every year in November to establish they are alive, he said.