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After SC rebuke to Bengal govt, TMC MLA files plea against Aadhaar-bank linking as private citizen

Her petition was filed Monday — after the SC refused to entertain the West Bengal government's petition against the Aadhaar Act saying it can only be challenged by an individual and not by the state.

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Trinamool Congress MLA and party general secretary Mahua Moitra has filed a writ petition in the Supreme Court challenging the directive from banks to link accounts with Aadhaar by December 31. Her petition was filed on Monday — after the Supreme Court earlier in the day refused to entertain the West Bengal government’s petition against the government’s move to make Aadhaar mandatory to obtain government welfare schemes. The SC said the law can only be challenged by an individual and not by the state. Moitra filed the petition in the capacity of a private citizen.

Pulling up the Mamata Banerjee-led government, the SC bench had also said: “How can the state file such a plea? In a federal structure, how can a state file a plea challenging Parliament’s mandate?”

“It can be challenged by individuals, but how a state has come (to court)? It cannot be done,” the Bench said. “Let Mamata Banerjee come and file a plea as an individual. We will entertain it as she will be an individual.”

In response, West Bengal Chief Minister Mamata Banerjee said she accepted the court’s decision. “We have high respect for the court. The court has given the verdict and we will obey. I don’t think there will be any problem. We appreciate that. The court did not reject our appeal. It said to apply individually. We have accepted it. Individually, some people have already made an appeal before it.”

Meanwhile, the apex court on Monday set up a five-judge Constitution bench to continue hearing a batch of petitions challenging the government’s decision to make Aadhaar mandatory to avail welfare scheme benefits.

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  • Aadhaar Mamata Banerjee Trinamool Congress
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