Supreme Court reminds govt: Aadhaar cannot be mandatory

A bench recalled an order whereby it was clarified that “the Aadhaar card Scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this Court one way or the other”.

Written by Utkarsh Anand | New Delhi | Updated: September 23, 2016 10:57 pm
aadhar card, aadhar card application, aadhar card mandatory, supreme court aadhar card, aadhar card in college, aadhar card for scholarships, india news, indian express, Supreme Court. (File Photo)

Reminding the Central government that Aadhaar cannot be made mandatory for any services, the Supreme Court has ordered it to remove a condition making it mandatory for the students to give their Aadhaar numbers for various scholarship schemes. A bench led by Justice V Gopala Gowda recalled an order of the top court in October 2015 whereby it was clarified that “the Aadhaar card Scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this Court one way or the other”. But a the letter dated sent by the Central government to chief secretaries and administrators of all states and union territories on July 14 had stated that only online application under the National Scholarship Scheme will be accepted and “it may be noted that submission of Aadhaar is mandatory.”

Appearing for All Bengal Minority Students Council, senior lawyer Gopal Jain said that this communication was in contempt of the interim order passed by a Constitution Bench, which has repeatedly said that Aadhaar could not be made mandatory and nobody could be denied access to any service for lack of it.

The bench accepted his submission and stayed the operation and implementation of Centre’s communication for Pre-Matric Scholarship Scheme, Post-Matric Scholarship Scheme and Merit-cum-Means Scholarship Scheme to the extent they made submission of Aadhaar mandatory.

“We direct the Ministry of Electronics and Information Technology, Government of India to remove Aadhaar number as a mandatory condition for students’ registration form at the National Scholarship Portal…” further directed the court in a recent order.

It has also sought an explanation from the Centre for including such a condition despite the five-judge bench’s restraint against making Aadhaar compulsory.

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  1. T
    Trideep Das
    Mar 5, 2017 at 5:32 am
    I think this violets governments recent decision to make Aadhaar Card mandatory for serving Mid day meal in school to students.
    Reply
    1. H
      Helen Fernandes
      Feb 23, 2017 at 5:11 am
      Supreme Court is very right in not making the Aadhaar Scheme mandatory and it should be a final decision of the Supreme Court. Despite it's interim order that Aadhaar is purely voluntary my ward Mr. Savio Fernandes appearing for his Xth board is being insisted upon for the Aadhaar Card which is in contempt of the interim order ped by a Consution Bench, which has repeatedly said that Aadhaar could not be made mandatory and nobody could be denied access to any service for lack of it. But what is being done in the matter. Can the general public like myself through such posts bring this matter to the Supreme Court. Is there a way or a forum where such insistence of Aadhaar Card for each and every service / exam/ ry / pension accounts/ bank accounts etc can be contested ?????
      Reply
      1. H
        Honest Indian
        Feb 19, 2017 at 4:13 pm
        It is rubbish that SC is saying Aadhar cannot be mandatory in the name of right to privacy. If that is the case, then:lt;br/gt; why Pport is mandatory for travel outside country ?lt;br/gt; why is PAN mandatory for so many financial matters ?lt;br/gt; why is Voter ID mandatory for voting ?lt;br/gt; why is ID proof mandatory at so many places in Govt / Non-Govt places ?lt;br/gt; why is Photo ID proof mandatory at various Govt / Non-Govt places ?lt;br/gt; why is Ration Card mandatory for some Govt benefits ?lt;br/gt; why is Driving License mandatory for driving ?lt;br/gt; why is mobile number mandatory at various places ?lt;br/gt;lt;br/gt;Is SC not sane enough or our consution is too old/outdated/vague/non relevant and cannot be updated or want to keep non-honest (fraudulent) system in place ?lt;br/gt;lt;br/gt;Such SC orders make mockery of honest people and they lose faith in system.lt;br/gt;lt;br/gt;If SC has to keep their sanity/intelligence/honesty/patriotism/loyalty alive, it has to make Aadhar mandatory asap.
        Reply
        1. S
          Sadia
          Mar 6, 2017 at 5:54 am
          Your questions have a detailed answers in the case file which is in the SC. So please do not think that you are more smarter than the judges of SC just because you have put rhetorical questions in the comment section of Indian Express.
          Reply
          1. H
            harsha
            Feb 4, 2017 at 3:15 am
            supreme court said in government educational insute it must not be mandatory but they made it mandatory for jee main 2017.........which against the supreme court ..lt;br/gt;is this right? There many people out there who don't have it in proper way . which means ultimately they taking away the reservation of minorities...........
            Reply
            1. S
              Sajie S
              Mar 27, 2017 at 7:08 am
              Shocked to say the least.. How on earth the Judiciary confirms that the convicts that are brought before the court is not impersonation? I don't understand why the judiciary wants impersonation be rampant? It is yet another hypocritical judgement like complete banning of tinting on cars rather than allowing upto 30 % tinting as done in other countries. Getting Aadhar is not a herculian task for citizens and Supreme Court to p such orders is only demeaning of the judiciary. I urge the government to bring out a law making Aadhar mandatory. India is perhaps the only civilised country where a Supreme Court makes a judgement against a national id. We want National Flag, National Anthem , National Flower and so do a National ID.
              Reply
              1. C
                Caleb S.
                Dec 13, 2016 at 11:06 am
                Let the Supreme Court direct Govt. of India to destroy all Aadhaar information of everyone for contempt of court as well as due to future danger for public, having given out bio-metric information.
                Reply
                1. A
                  anushri
                  Sep 24, 2016 at 7:45 am
                  Isn't Gujrat state board of secondary and higher secondary education's decision to make aadhar compulsory for 10th and 12th students violating this order?
                  Reply
                  1. A
                    Anand Bhupathiraju
                    Sep 24, 2016 at 7:55 am
                    Supreme Court filled with old people how can the govt have statics with out manditory social security number, in every developed nation it's manditory otherwise no medical or no education and freebies. I support Aadhar should be manditory which is effortless and cost less.
                    Reply
                    1. M
                      Mukesh Kamath
                      Sep 24, 2016 at 1:34 pm
                      If supreme court were a political party which stood for elections then it would lose its deposit also. This is an example of law as an impediment to development.
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                      1. G
                        Giri Somyajula
                        Sep 24, 2016 at 2:21 pm
                        Its exell want intiative to connect Adhar with all benefits concerned. Supreme Court is delaying it unnessary. We are living in the age of fast moving world but slow Indian law process seems living decades back. Any case takes huge time and finally on books justice done but not actually . We all Indians are victims. Every one having authority needs its credit and unless they hear that they are wonderful they don't want to move. Buttering buttering buttering . Well as my opinion I welcome making Adhar card to link with all benefits to direct bank . Law reforms are needed like oxygen to us.
                        Reply
                        1. K
                          K C
                          Sep 24, 2016 at 3:16 pm
                          It is a good decision but no Government either central or state appears/bothers to comply SC orders in the matter. kcprau
                          Reply
                          1. K
                            K.V.Mahadevan
                            Sep 23, 2016 at 11:37 pm
                            It is being insidiously thrust on the people. IT refunds are linked too aadhar, railway tickets are linked to aadhar, pensions are linked to aadhar, etc., Will the SC take suo moto cognisance and haul.upthe govt. functionaries (political and the executive) for contempt?
                            Reply
                            1. S
                              Shambhu Mahato
                              Dec 11, 2016 at 5:48 pm
                              Govt is adamant on Adhar card.
                              Reply
                              1. S
                                sudeepraj
                                Sep 25, 2016 at 11:01 am
                                Supreme Court is trying to make sure this government will fail
                                Reply
                                1. V
                                  Vinay Pratap
                                  Sep 24, 2016 at 2:13 pm
                                  AADHAAR cannot to Impose on Citizen who doesn't want it. lt;br/gt;Supreme Court Decision is good and Welcomed by me.
                                  Reply
                                  1. V
                                    V.V.Chandrasekaran
                                    Sep 24, 2016 at 2:51 am
                                    In implementing anti people and pro rich measures the government never bothers about any law.
                                    Reply
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