SC: Aadhaar cannot be mandatory

Q.  What can Aadhaar not be made mandatory for, according to the SC?
- Published on 29 Mar 17

a. Availing benefits under government welfare schemes
b. Availing benefits under economic schemes
c. Availing benefits under social security legislation
d. None of the above

ANSWER: Availing benefits under government welfare schemes
 
In a petition filed against GoI's move to make Aadhaar card compulsory for wide number of schemes, the SC on 27th March held that it cannot be made mandatory for availing benefits under the government welfare scheme.

The Apex Court in an earlier plea in 2015 had taken a similar stance.

The SC observation, however, did not rule out the possibility of Aadhaar being made mandatory for non-benefit schemes.

Aadhaar can't be mandatory for social welfare schemes but can be used for non-benefit schemes. Our earlier order is very clear.

You can't stop government from using Aadhaar for non-benefit schemes like Income Tax.

In October 2015 the SC had allowed voluntary use of Aadhar cards in welfare schemes including MGNREGA, pension and provident fund schemes.

A five-judge constitutional bench had back then put a caveat in its interim order for the government saying Aadhar card scheme will be voluntary till such time as it is finally declared to be otherwise by the court.

The government’s ambitious Aadhaar project has gained significant ground with nearly 112 crore people already on board.

Close to 50 percent digitally able people having their Aadhaar linked to bank accounts.

The project, believed to be somewhat like social security number in some developed countries, albeit not legally mandatory, now covers nearly 50 government schemes.

Recently, the government linked the mid-day meal scheme with Aadhaar even as it said those without the card would continue to benefit from the scheme.

Among non-welfare schemes, obtaining a driver's licence, getting a mobile phone connection, availing the employee provident fund and tax filing have all been brought under the Aadhaar ambit.

However, multiple petitions have been filed with the Apex Court concerning privacy of citizens considering data collection for issue of Aadhaar is done by private agencies.

SC: Know More
  • Established: January 28, 1950
  • Authorized by: Constitution of India
  • Chief justice: Jagdish Singh Khehar

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