How can you make Aadhaar mandatory when we passed order saying it’s optional: SC to Centre

In reply, Attorney General Mukul Rohatgi said the government now has an Act to use the Unique Identification Number.

By: Express Web Desk | New Delhi | Updated: April 21, 2017 4:51 pm
 Supreme court, adverse IB reports, IB reports, centre-judiciary, paris shooting, Islamic State, Champs Elysees attack, BJP-PDP, Kashmir unrest, kashmir crisis, project cow, AIADMK, PANNEERSELVAM, indian express, top five stories, india news The Supreme Court of India. (File Photo)

The Supreme Court on Friday said that it will decide on whether Aadhaar card can be made mandatory, for filing of Income Tax (I-T) returns, next week. The apex court asked the government to justify the need for making Aadhaar card mandatory for filing I-T returns.

News agency ANI quoted the Supreme Court bench as asking: “How can you make Aadhaar card mandatory when we have passed an order to make it optional?” In reply, Attorney General Mukul Rohatgi said the government now has an Act to use the Unique Identification Number. “We found a number of PAN cards being used to divert funds to shell companies. To prevent it, the only option is to make Aadhaar card mandatory,” he said, according to ANI.

The Union government, last month, made providing one’s Aadhaar number a compulsory detail for filing IT returns and for obtaining and retaining the permanent account number (PAN). Finance Minister Arun Jaitley said the move was aimed to link PAN cards with Aadhaar and to identify those who avoided taxes by having duplicate PANs.

The Supreme Court, in it previous order on the issue dated August 11, 2015, said that Aadhaar cannot be made mandatory for government schemes.  “The Union of India shall give wide publicity in the electronic and print media including radio and television networks that it is not mandatory for a citizen to obtain an Aadhaar card. The production of an Aadhaar card will not be condition for obtaining any benefits otherwise due to a citizen,” the court said in its judgement.

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  1. S
    Sundaram
    Apr 22, 2017 at 9:22 pm
    High time for the government to introduce another ID card - PEHCHAN - wherein, scanning of foot impressions, Height of the person, Weight of the person, Mother Tongue, Place of Birth, Time of Birth, Place of Education, Educational Qualifications, Father's Name, Mother's name can be incorporated and submitted to the authorities for correct identification of the individual.
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    1. M
      mukesh patel
      Apr 22, 2017 at 12:54 pm
      I see no rason for apexcourt to object to govt.motive of making addhar mandatory in allschemes they run or start.
      Reply
      1. V
        Vamsee Krishna M
        Apr 21, 2017 at 10:33 pm
        If ic thing like standing in the movie theatre to prove your patriotism is mandatory then why shouldn't aadhar be mandatory which aims to curb corruption in social welfare and streamline govt services. Supreme court of India has finally became senile. Just because you aren't accountable doesn't mean you can do what ever you want to.
        Reply
        1. S
          S Venkataraman
          Apr 21, 2017 at 8:50 pm
          Why should it not be made mandatory? What is wrong in it? The opposition wanted to score a point in RS by wanting this requirement as a non money bill. The govt. acted smartly and outwitted the opposition. It is law now. Why should SC entertain such pe ions? Probably it is not having work.
          Reply
          1. M
            mdharmnath
            Apr 21, 2017 at 8:33 pm
            This is the actual ego clash knowing fully well that it is aimed to uproot corruption
            Reply
            1. S
              S Subramaniam
              Apr 21, 2017 at 7:45 pm
              Instead of suggesting ways and means for strengthening the issue of Aadhar cards for genuine Indian citizens it is sad that our Hon'ble Apex Court is questioning the issue of Aadhar cards from privacy and other issues when huge illegal immigrants from Bangladesh and Burma have acquired Aadhar cards and are residing in J & K and other parts of India. With the increased incidence of terrorist activities and influx of illegal immigrants from across the border it is highly desirable to have a foolproof Aadhar cards from the security angle overriding all other aspects. Besides, I do not find any justifiable reason for not indicating the Aadhar card in the IT Return.
              Reply
              1. B
                Bharat Varma
                Apr 21, 2017 at 8:35 pm
                The Aadhaar card does not verify the address mentioned on it. In spite of this, you are able to use the aadhaar card as proof of address for kyc for banks and for your p port. The latter allows you to claim citizenship too. Aadhaar therefore, rather than preventing illegal immigrants, is actually facilitating them. There are huge issues with inclusiveness, security, financial risk, iden y theft with this system. You cannot change compromised biometrics like you can your p words. This system made sense only when it was being used for subsidies. Check why Britain destro their biometric based citizen I cards.
                Reply
                1. B
                  Bharat Varma
                  Apr 21, 2017 at 8:39 pm
                  That's "p port" instead of p port and "p words" instead of p words.
              2. B
                Balakrishnan Hariharan
                Apr 21, 2017 at 7:44 pm
                Time at hand to hand over Executive function of Government to the Judiciary.
                Reply
                1. V
                  Vikrant
                  Apr 21, 2017 at 6:45 pm
                  Tomorrow court will p an order and say Army is not needed and then ask government why are you not disbanding the army. Judges have to work within framework of law and ensure no law curtails the rights promised in cons ution. Subsidies are not Rights so they get delivered as per overnments policy and it is for government to decide delivery mechanism and checks to be imposed These judges get appointed through cartel and work with zero accountability
                  Reply
                  1. A
                    Ask
                    Apr 21, 2017 at 6:35 pm
                    jjThe illegal we do it immediately; but if it is uncons utional it takes longer. The government does not seem to care about the law then why should citizens abide by it??
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                    1. C
                      Chander Pal
                      Apr 21, 2017 at 6:21 pm
                      I have lived in Africa where national registration card is a must for any service or do entation as a citizen. So many loop s have been plugged through AAdhaar based information. Yet S C is so much against a basic requirement. We the ordinary citizens are unable to comprehend S C's opposition.
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                      1. C
                        Citizen
                        Apr 21, 2017 at 6:04 pm
                        People should know it is not the clash of egos but they should think about the benefits/best ways to the nation/citizens to plug the loop s to make the system works properly. In many nations the number given at the birth is there till they go to grave and is linked to many things in life and systems are working good but for few exceptions even those things are corrected by the law enforcement. Hope wisdom would prevail and more things would be linked to this number to prevent misuse of tax payers money. Jaihind
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                        1. N
                          NARANAT
                          Apr 21, 2017 at 6:30 pm
                          You must be naive to support sharing of a personal unique ID with every service provider. Modi & Co want every Indian to have a unique ID that should be shared directly (without any clone) to every service provider and CIA to achieve trace-ability of the individual not only by competent authority in India but also by any international agency. Any person who is coming inside the country, including illegal emigrants are given this tag called aadhaar just because the CIA puppet regimes consider every Indian as a wild animal without any right to privacy who can be a potential terrorist to USA. It has nothing to do with any counter-terrorism or anti-corruption drive in India. Had it been, regime would have introduced cloning feature. All GAIKWADs ARE ABOVE AADHAAR and no unique ID can stop them from their goondagardi. Aadhaar is only to target general public using ELECTRONIC WARFARE SYSTEMS.
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                            Citizen
                            Apr 21, 2017 at 8:19 pm
                            It shows your ignorance nothing else. Even with so many layers of security the breaches are there and rulers should take prompt action to correct/prevent that nothing else. It is like asking the law makers not to change the laws according to the times to suit the present day conditions/society. Only ignorant wants status quo no development. Jaihind
                        2. A
                          Anuj Aggarwal
                          Apr 21, 2017 at 5:54 pm
                          Correct judgement Companies don't have aadhar then how will they stop s companies Why they allow duplicate pan? They should put those people behind bar In India people will find ways to have duplicate aadhar or use some one else aadhar
                          Reply
                          1. H
                            HUO
                            Apr 21, 2017 at 5:44 pm
                            Then what the FK I should SC waiting for ? File contempt of court and arrest the. Modi, Arun Jaitley, Arvind Subrsmanaim and the head of SCOUNDREL ALIEN BRAHMIN SYNDICATE THAT IS TRYING TO RATION FREEDOM IN THE COUNTRY. THOSE THE VERY SCOUNDRELS WHO DESPISED INDEPENDENCE FROM BRITISH BECAUSE THEY THOUGHT THAT IF THE BRITISH MADE LOVE TO THEIR WOMEN FOLKS THEN THEIR ILK HAVE A VERY BRIGHT FUTURE.
                            Reply
                            1. S
                              Shyamal Ganguly
                              Apr 21, 2017 at 5:13 pm
                              Government (Executive branch) has enough do ents to haul some judges to jail. Judges should be shown their limits. Prashant Bhushan - sealed envelope has names of 16 judges out of which 10 for sure are bribe takers. That envelope was given to SC for review 2 years now. No Action. PM Modi got a letter from a sitting Chief Justice of Calcutta HC, with 20 names of tainted judges. Why is SC trying to undermine the effort of Govt. to reduce corruption and collecting taxes ? Answer: They have been spoiled by the CONGI RULE of 65 years using a Junkie cons ution that divides Indians by religion and castes with all sorts of loop s. WE NEED JUDICIAL REFORMS.
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                              1. N
                                NARANAT
                                Apr 21, 2017 at 6:33 pm
                                Apex court has every right to protect freedom. You must be naive to support sharing of a personal unique ID with every service provider. Modi & Co want every Indian to have a unique ID that should be shared directly (without any clone) to every service provider and CIA to achieve trace-ability of the individual not only by competent authority in India but also by any international agency. Any person who is coming inside the country, including illegal emigrants are given this tag called aadhaar just because the CIA puppet regimes consider every Indian as a wild animal without any right to privacy who can be a potential terrorist to USA. It has nothing to do with any counter-terrorism or anti-corruption drive in India. Had it been, regime would have introduced cloning feature. All GAIKWADs ARE ABOVE AADHAAR and no unique ID can stop them from their goondagardi. Aadhaar is only to target general public using ELECTRONIC WARFARE SYSTEMS.
                                Reply
                              2. T
                                TIHAEwale
                                Apr 21, 2017 at 5:04 pm
                                it is a pain when one tries link Aadhaar with PAN and finally still u get message it doesn't match. only online modification of Aadhaar goes thro much easily and one gets modified one in 5 working days. definitely this year many a regular tax payers who file IT return themselves online will not be able to do so like earlier times thanks to Aadhaar PAN linkage failure
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                                  AQuestion OfValues
                                  Apr 21, 2017 at 5:03 pm
                                  Mainstream media has consistently shown a bias in favour of techno-fascists like Nandan Nilekani and Co .who believe : 1.falsely- that there is a tech-fix for all of India's problems-and that the IT sector is supposedly the only sector that can provide that fix 2.correctly- that enormous profits can be made during - a.enrollment of people into databases b.controlling ,collating,profiling ,supplying and most importantly selling information obtained through such databases on citizens to Governments and other corporations The citizens become completely transparent to the State while the State is completely opaque to it's citizens The mainstream media is itself complicit in promoting this highly dubious scheme called Aadhar.We know why-it is so much easier to be a paid PR agency to wealthy and influential individuals consumed by their own sense of omnipotence than to indulge in genuine journalism in the public interest. Aadhar is a cash cow for a few.It is NOT in the public interest
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                                  1. J
                                    John
                                    Apr 21, 2017 at 4:59 pm
                                    Supreme court has gone insane. Donot interfere in policy matters, stict to your role. This is the result of judges appointing fellow judges unprecedented in the entire world. SC should be shown its place.
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                                      Ash
                                      Apr 21, 2017 at 4:32 pm
                                      On the one hand,Supreme court says it's not mandatory to have Aadhar,and on the other,govt is making it compulsory for nearly every task.The last was that you would need Aadhar to fly. Though why it should be necessary is beyond me. Fact is this govt has scant regard for courts orders.
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                                      1. R
                                        Rahul
                                        Apr 21, 2017 at 3:59 pm
                                        A businessman does not need to have multiple pan cards. He can make several owners divide his business: himself, wife, son, and daughter. He can get pan cards and aadhar cards for all the fourHe get four different bill books printed and save the tax. Businessmen are very smart people, Income tax officials do not have time to go through their accounts.
                                        Reply
                                        1. S
                                          Shyamal Ganguly
                                          Apr 21, 2017 at 5:17 pm
                                          If you are not a Vaishya, you will hate Vaishya. That is all over the world. But they are the ones who create Jobs. It is Govt function to collect legit taxes. Let Govt. act smart. I see every day that Income Tax officers are getting caught for accepting bribes from businesses.
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                                        2. D
                                          Damodar Biswal
                                          Apr 21, 2017 at 3:47 pm
                                          Govt. has made Aadhar card mandatory for all transactions.I think it is justified n the matter should be left to the executive.
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                                            Taaza Khabar
                                            Apr 21, 2017 at 4:00 pm
                                            Then why not dispense with Voter ID card, PAN Card, Ration Card, Metro Card, Railway tickets. Army, Navy, Air Force, BSF, CRPF, CISF, IAS, IPS, even SPG ID cards? All have Aadhar cards.
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                                          2. R
                                            Ravi
                                            Apr 21, 2017 at 3:45 pm
                                            After ration card, p port,driving licence, aadhar pan card next up will be Supari card???. Older gen. are frustrated standing in Ques.
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