Centre’s proposal to states: Enact your own Aadhaar Acts too

The central Act makes Aadhaar mandatory for any “subsidy, benefit or service” for which the expenditure is borne fully or shared partially by the Consolidated Fund of India.

Written by Ravish Tiwari | New Delhi | Published:July 16, 2017 4:48 am
aadhaar acts, State Aadhaar Act, aadhaar card, NITI Aayog, india news, aadhaar news The central Act makes Aadhaar mandatory for any “subsidy, benefit or service” for which the expenditure is borne fully or shared partially by the Consolidated Fund of India.

Even as a five-judge Constitution bench of the Supreme Court is set to hear challenges to the Aadhaar Act, the central government has floated the idea of state governments enacting their own “State Aadhaar Act”, on the lines of the central Act passed by Parliament last year.

The Centre made this suggestion at the national conference of state chief secretaries, organised by NITI Aayog last week. “Enactment of State Aadhaar Act” was one of the “interventions requested” by the Cabinet secretariat. Giving a presentation on the topic of “effective implementation of DBT (direct benefit transfer) in states”, A R Sihag, Secretary (Coordination and Public Grievances) in the Cabinet Secretariat, emphasised the issue twice. Sihag could not be reached for comment.

The central Act makes Aadhaar mandatory for any “subsidy, benefit or service” for which the expenditure is borne fully or shared partially by the Consolidated Fund of India. This means that every welfare subsidy or benefit, from fully-funded or centrally-sponsored schemes (where states share part of the fiscal burden), is conditional on verification through Aadhaar.

However, several state governments have their own subsidies or benefit schemes, where the burden is defrayed out of their Consolidated Fund. For instance, the Nitish Kumar government’s bicycle scheme for schoolgirls in Bihar and the previous Akhilesh Yadav government’s laptop scheme for students in Uttar Pradesh were funded by the state exchequer.

Consequently, the central Aadhaar Act cannot provide legal basis for making Aadhaar mandatory for such schemes. However, a State Aadhaar Act, as suggested by the Cabinet Secretariat, could provide legal basis for making it mandatory for state-funded welfare schemes too.

But the Centre’s suggestion could prove tricky as the enactment of a state legislation is the prerogative of the state legislatures. Also, it impinges on the state government’s autonomy to set up a mechanism for expenditure from the state exchequer.

In fact, the Mamata Banerjee-led government in West Bengal had got the state assembly to pass a resolution in 2014 against the central government’s decision to link Aadhaar cards with DBT schemes.

Last year, the Opposition had targeted the government for pushing the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act through the Rajya Sabha by designating it as a money bill — the Rajya Sabha cannot withhold a money bill.

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  1. S
    Sekhar Bhattacharya
    Jul 16, 2017 at 7:19 pm
    State govs are bent on supporting illegal actions and middlemen who loot and defraud the common man and the nation is in fact their vote bank support.
    Reply
    1. S
      Sankaran Krishnan
      Jul 16, 2017 at 4:17 pm
      Whether one likes it or not the Centre makes it mandatory for its schemes and right from LPG to Telecom to Banks are all insisting to get endorsed by Aadhaar. Now the PF office denied Pensions for all those who are not linked the Aadhaaar whereas there was no communication to them or through media but simply stopped and once when you enquire the Bank Branch they will inform link Aadhaar and submit to the PF Office and then only PF Office will release the monthly Pension shows how perverted the Govt. Offices and how dare to stop Pension which they can do it for the middle income group but NOT to Business Persons, Celebrities who are all doing frauds and cheats and even allow them to escape to another Country over midnight and they call it proudly as Fugitives and there si ONE Country which allows to say as Country of Fugitives without any shame !!!
      Reply
      1. #
        #AADHAARFAIL
        Jul 16, 2017 at 4:28 pm
        When your fingerprint gets stolen, printed and used for aadhaar pay, cloning SIM and changing bank password using OTP, your aadhaar devotion will vanish. Jai Hind. 1. 25 lakh families in Rajasthan are unable to withdraw ration even after seeding #AADHAARFAIL with their ration card. 2. #AADHAAR authentication does not work for half billion Indians. 3. AADHAAR authentication does not work even after updating bio-metrics and waiting for 90 days 4. AADHAAR bio-metrics can be stolen, printed and used for #AADHAAR pay 5. #AADHAAR does not work for NRIs, people outside India 6. AADHAR can not be generated if a person's fingerprint matches with someone else's with 60 percentage probability. 7. Rogue government can deactivate your #AADHAAR blocking ur gas, electricity, mobile, bank account 8. AADHAAR works for millions of illegals staying in India 9. AADHAAR is blocking subsidies for millions of legitimate people 10. Take 10 lakh insurance for each #AADHAAR failure case/delete
        Reply
      2. R
        Ram Deshpande
        Jul 16, 2017 at 1:27 pm
        The adhaar act making companies in all the states idea is not bad.This will reduce third party indulgence and the benefit will be passed on to benifitiory directly in his account resulting reduction in corruption practices. But the non BJP Govts will not do this or accept the suggestion.They are already facing so many corruption charges done by their leaders and officers fact this good scheme will not be implemented resulting further scope for malpractices and corruption.The central govt has to wait till future election when common people will show the opposition Govts their real place through electrolyte votes.Sir Modijis aage badho .Implement the adhaar compulsory decision because it is good step to stop loot of money and reduce corruption. Jai Hind Jai Jawan. Ram Deshpande Narayanguda Hyderabad. In
        Reply
        1. #
          #AADHAARFAIL
          Jul 16, 2017 at 4:29 pm
          When your fingerprint gets stolen, printed and used for aadhaar pay, cloning SIM and changing bank password using OTP, your aadhaar devotion will vanish. Jai Hind. 1. 25 lakh families in Rajasthan are unable to withdraw ration even after seeding #AADHAARFAIL with their ration card. 2. #AADHAAR authentication does not work for half billion Indians. 3. AADHAAR authentication does not work even after updating bio-metrics and waiting for 90 days 4. AADHAAR bio-metrics can be stolen, printed and used for #AADHAAR pay 5. #AADHAAR does not work for NRIs, people outside India 6. AADHAR can not be generated if a person's fingerprint matches with someone else's with 60 percentage probability. 7. Rogue government can deactivate your #AADHAAR blocking ur gas, electricity, mobile, bank account 8. AADHAAR works for millions of illegals staying in India 9. AADHAAR is blocking subsidies for millions of legitimate people 10. Take 10 lakh insurance for each #AADHAAR failure case/delete
          Reply
        2. H
          Hari Haran
          Jul 16, 2017 at 1:00 pm
          Adhar cards must place mandatory to enroll with the procedures of autonomous departments like Panchayath, Muni lity and Corporations. So as the village office procedures . The process in such offices are delaying due to the lack of earlier loop holes in laws.
          Reply
          1. #
            #AADHAARFAIL
            Jul 16, 2017 at 4:29 pm
            When your fingerprint gets stolen, printed and used for aadhaar pay, cloning SIM and changing bank password using OTP, your aadhaar devotion will vanish. Jai Hind. 1. 25 lakh families in Rajasthan are unable to withdraw ration even after seeding #AADHAARFAIL with their ration card. 2. #AADHAAR authentication does not work for half billion Indians. 3. AADHAAR authentication does not work even after updating bio-metrics and waiting for 90 days 4. AADHAAR bio-metrics can be stolen, printed and used for #AADHAAR pay 5. #AADHAAR does not work for NRIs, people outside India 6. AADHAR can not be generated if a person's fingerprint matches with someone else's with 60 percentage probability. 7. Rogue government can deactivate your #AADHAAR blocking ur gas, electricity, mobile, bank account 8. AADHAAR works for millions of illegals staying in India 9. AADHAAR is blocking subsidies for millions of legitimate people 10. Take 10 lakh insurance for each #AADHAAR failure case/delete
            Reply
          2. R
            Raja segaran
            Jul 16, 2017 at 11:12 am
            However, the PERSON who wants to DECODE the BENEFITS will do it by using all third rated LOOP HOLES.
            Reply
            1. #
              #AADHAARFAIL
              Jul 16, 2017 at 4:29 pm
              When your fingerprint gets stolen, printed and used for aadhaar pay, cloning SIM and changing bank password using OTP, your aadhaar devotion will vanish. Jai Hind. 1. 25 lakh families in Rajasthan are unable to withdraw ration even after seeding #AADHAARFAIL with their ration card. 2. #AADHAAR authentication does not work for half billion Indians. 3. AADHAAR authentication does not work even after updating bio-metrics and waiting for 90 days 4. AADHAAR bio-metrics can be stolen, printed and used for #AADHAAR pay 5. #AADHAAR does not work for NRIs, people outside India 6. AADHAR can not be generated if a person's fingerprint matches with someone else's with 60 percentage probability. 7. Rogue government can deactivate your #AADHAAR blocking ur gas, electricity, mobile, bank account 8. AADHAAR works for millions of illegals staying in India 9. AADHAAR is blocking subsidies for millions of legitimate people 10. Take 10 lakh insurance for each #AADHAAR failure case/delete
              Reply
            2. #
              #AADHAARFAIL
              Jul 16, 2017 at 10:41 am
              When your fingerprint gets stolen, printed and used for aadhaar pay, cloning SIM and changing bank password using OTP, your aadhaar devotion will vanish. Jai Hind. 1. 25 lakh families in Rajasthan are unable to withdraw ration even after seeding #AADHAARFAIL with their ration card. 2. #AADHAAR authentication does not work for half billion Indians. 3. AADHAAR authentication does not work even after updating bio-metrics and waiting for 90 days 4. AADHAAR bio-metrics can be stolen, printed and used for #AADHAAR pay 5. #AADHAAR does not work for NRIs, people outside India 6. AADHAR can not be generated if a person's fingerprint matches with someone else's with 60 percentage probability. 7. Rogue government can deactivate your #AADHAAR blocking ur gas, electricity, mobile, bank account 8. AADHAAR works for millions of illegals staying in India 9. AADHAAR is blocking subsidies for millions of legitimate people 10. Take 10 lakh insurance for each #AADHAAR failure case/delete
              Reply
              1. U
                Ujjwala Rokde
                Jul 16, 2017 at 9:59 am
                Is central government ready to take responsibility of privacy safety of the aadhaar data with state governments ? Banks are directed to open aadhaar enrollment counters. Sim card issuing companies are also asking constantly for aadhaar card, and threatening to stop sevice otherwise. So many ins utions to have aadhaar data with them and still government is bosting of it's security, with out having any security measures.Central government seems to be in much hurry to impose 'aadhaar' on citizens. But not least prepared to take responsibilities of it's misuses. And where is the concern about the impending decision of honourable SC bench. Why nobody is willing to wait for the decision. Or has any astrologer given the secret assurance of a favourable decision to center ? And so the government has become so careless about judiciary ! Aadhaar data leakage, jio user's data leakage ..... Is our country in total leakage !!! (?)
                Reply
                1. N
                  Nesfield Sangma
                  Jul 16, 2017 at 10:12 am
                  Ujjwale you hit the nail on the head. Its astrology, Vedic, Mythic beliefs will rule the roost. My belief is that the Aadhar issue will be given to Mr Ramdev.. Mark my words
                  Reply
                  1. P
                    Pry.wase.ty
                    Jul 16, 2017 at 10:44 am
                    There is no privacy law in India. That is purposeful. If there is any privacy law then you will sue the Central Govt for breach of privacy. There is an organization called NTRO. A few years back the head of NTRO is said to have snooped the women employees in their Toilet and was watching in his desktop computer live. After which he was promoted as Director. All brahmin blessings. So now you can conclude!
                    Reply
                  2. G
                    G.Ranga Chary
                    Jul 16, 2017 at 8:39 am
                    On one hand we are having G S T to see one nation, one tax and one market, in the process making states to give up their financial powers to raise taxes in the federal structure of our Cons utional Arrangement. This being the case how is it justified to ask people of this country to have two Aadhar Cards one of the Centre and other of State, for receiving subsidy/benefit or concessions etc. In many State Road Transports Senior Citizens are charged concessional charges. Does this mean people should have number of state aadhaar cards? Another instance of insensitivity on the part of GOI.
                    Reply
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