Those Without Aadhaar Can Avail Govt Schemes for a While Longer

People without Aadhaar would not be deprived of any government schemes or benefits till the next date of hearing: SC

The Quint
India
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Those without Aadhaar would not be deprived of any government schemes or benefits till the next date of hearing. 
i
Those without Aadhaar would not be deprived of any government schemes or benefits till the next date of hearing. 
(Photo: iStock)

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The Supreme Court on Tuesday refused to pass any interim order against the Centre's notification making Aadhaar mandatory for availing benefits of various social welfare schemes.

A vacation bench of Justices AM Khanwilkar and Navin Sinha said that no interim order can be passed at this stage on the "mere apprehension" of petitioners that the government may deprive people from availing benefits of various social welfare schemes due to lack of Aadhaar.

The bench referred to the 9 June judgement passed by the apex court in which it had upheld the validity of an Income Tax Act provision making Aadhaar mandatory for allotment of PAN cards and filing of tax returns, but had put a partial stay on its implementation till a Constitution bench addressed the issue of right to privacy.

The bench said,

In view of the observations made in the judgement in Para 90 of the case... decided on 9 June, no further observation is required

During the hearing, Additional Solicitor General Tushar Mehta told the bench that the Centre has extended the 30 June deadline to 30 September for those who do not have Aadhaar and are availing the benefits of various social welfare schemes.

Senior advocate Shyam Divan, appearing for petitioners, told the court that the Centre should be directed not to deprive any person of the benefits of social welfare schemes which he/she is enjoying now due to lack of Aadhaar.

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"No interim order can be passed in mandamus on mere apprehensions. You have to wait for one week. If somebody is deprived (of the benefits) you can point out the same to this court," the bench told Divan and posted the matter for further hearing on 7 July.

The apex court was hearing three separate petitions challenging government's notification making Aadhaar mandatory for availing benefits of various social welfare schemes.

(The story has been edited for length)

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Published: 27 Jun 2017,12:22 PM IST

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