Supreme Court upholds govt decision, says those with Aadhaar have to link it to PAN card

The Supreme Court said the government must formulate a scheme to prevent the leakage of personal details. It also said the stay would hold till the Constitutional Bench decides on the privacy matter of Aadhaar.

By: Express Web Desk | New Delhi | Updated: June 9, 2017 6:46 pm
Aadhar card, Aadhar card mandatory for IT return, IT return, SC on aadhar card mandation The Supreme Court has issued a partial stay on the Aadhaar – PAN Card – Income Tax matter for those who do not have an Aadhaar card.

The Supreme Court on Friday upheld the government’s decision to link Aadhaar to one’s PAN card but refused to make it compulsory for those who don’t have an Aadhaar card or who have not yet applied for one, till a Constitutional Bench decides on the privacy question pending before it. In effect, those who possess an Aadhaar card have to link it to their PAN card. Those who have enrolled and not yet got their Aadhaar card are also exempted from mandatory linkage and the penalising invalidation of their PANs if they don’t link it. The Supreme Court also said the government must formulate a scheme to prevent the leakage of personal details, a concern many citizens and civil society groups have expressed.

A bench comprising Justices A K Sikri and Ashok Bhushan also upheld the legislative competence of Parliament in enacting the law to this effect. It also clarified that it has not touched upon the issue of Right to Privacy and other aspects that the Aadhaar scheme affects the human dignity which has to be decided by the Constitution bench.

Attorney General Mukul Rohatgi said the order was a vindication of Centre’s stand. “Court upheld validity of law, since a larger challenge is pending before the Constitution Bench.”

On privacy, the two-judge bench said the government must put in place measures to ensure there is no leakage of data. “The government (has) to take proper and appropriate steps and the scheme in this regard has to be devised at the earliest to instill confidence among the citizens that the data would not be leaked,” the bench said.

In its earlier arguments, the government had informed the apex court that the PAN will be rendered invalid from July 1 and not from when a person had applied for it if a user does not link his or her Aadhaar card details to it by June 30.

Defending its decision to make Aadhaar card mandatory for filing one’s Income Tax returns, the government had earlier said the move would help to weed out fake and fraudulent financial accounts.

Attorney General Mukul Rohatgi HAD earlier told the two-judge bench headed by Justice AK Sikri, “Today, anybody can get a PAN card with any name on it. A person can get several PAN cards — say, as Mukesh Gupta, then another as Mukesh Kumar Gupta, and a third as M K Gupta, so on and so forth”.

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    shankar sharma
    Jul 13, 2017 at 12:04 pm
    do you think all indians are dogs ,pig , cats ,those needs yearly antirabies injections then only they will get muni l belt/tag around around their neck to prove that they are good ,theses only get benifts , of aadhar do you think that IT deppt dosent know all individuals all bank account details they cant search or take action against money laundering , thats false these politicians are making AADHAR cards for their party benifits , 'not for individual benifits , there is a big foreign policy behind it that we individuals dont know now DONOT mention your BLOOD group ,on your aadhar card , donot link your card to any bank acc or simcard 'all individuals must BURN , TEAR discard these aadhar card like we had burnt british cloths their policies dangers of aadhar will come after few years when your childrens , mother daughters , sisiters , will get kidnapped for ransoms , after knowing your
    Reply
    1. A
      A.G.K
      Jul 11, 2017 at 4:16 pm
      There isn't a need for implementing the Aadhar card/number.It's just a way of manipulating people.When they should have focus more on developing the country instead they are wasting time on such things which will only result in loss of money time dia is still lacking in various field.For eg Indians are migrating abroad seeking better standard of living,jobs,education etc because of the only reason that India is focusing on such useless things.The Govt should look to it in order for India to stop lacking behind.
      Reply
      1. S
        sandipan chakravorty
        Jun 21, 2017 at 6:43 pm
        if after sometime when it became mandatory then what about us i mean assam, meghalaya and j k. Here we still don't have any adhaar centres till now because of the NRC work is still going on. Govt should think twice before taking any such type of decision.
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          Abha Indian
          Jun 11, 2017 at 3:45 pm
          Why not ask existing PAN card holders to provide bio-metric data to IT Department and issue a new PAN card with bio-metric data encrypted on it. All EU counties are issuing visas after taking bio-metric data of applicant. Controversy of linking AAdhar card with PAN will be avoided.
          Reply
          1. R
            Rhia Pillai
            Jun 10, 2017 at 6:31 am
            The entire AADHAAR CARD dispute has been drafted by the Nandan Nilakeni because he has influenced our Prime Minister for execution.Even EVM is not a reliable voting devise.Elections can be Won by manipulating EVM s.Like this the AADHAAR CARD system will expose the citizen's iden y.Central Government is giving Billions of rupees to Nandan Nilakeni unnecessarily India there are many iden y proof CARDS like Voter's id,PAN Card,Driving Licence,Passport,Employees iden y card given by state government,student iden y card.Government is unnecessarily spending money for unnecessary iden y card AADHAAR CARD.
            Reply
            1. T
              Tanisha Malik
              Jun 10, 2017 at 6:16 am
              People of India are safe during the Y2K economic turmoil because of the conventional Iden y system.Aadhaar system will expose the citizen's iden y by cyber cloning programs.Evedences will be morphed.
              Reply
              1. D
                DrLokesh Kumar
                Jun 9, 2017 at 11:32 pm
                Multiple PAN cards by an individual can be clubbed on the basis of biometrics information is essential to evading taxes and money laundering be brought to books. Aadhar will be useful for all banking transection by one individual holding many PAN account in different Indian banks in different towns.
                Reply
                1. K
                  KUMAR
                  Jun 9, 2017 at 10:08 pm
                  Do ents
                  Reply
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