Experts & Views
SC refuses to modify Aadhaar order, IAs for modification also to go before Constitution Bench
Supreme Court of India has refused to grant any immediate relief in the applications filed by the Union of India and its agencies, and the State Governments seeking modification of the August 11 order where the three judge bench had limited the use of UIDAI – Aadhaar card.
The applications were heard yesterday – October 6, after which the three judge bench comprising of Justices Chelameswar, SA Bobde and C Nagappan said that it would pass its order today i.e. 7 October.
At 3.30 pm while passing the order, bench observed that it would be better that the aforesaid applications be heard by the Constitution bench itself to which the entire batch of petitions challenging Aadhaar has been referred. Bench then asked the registry to place the matter before Chief Justice of India to pass the appropriate orders.
Order sought to be modified:
On August, 11 2015, along with the referring the petitions to Constitution bench to decide on the issues of privacy and validity of Aadhaar card, Court had ordered:
1. 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;
2. The production of an Aadhaar card will not be condition for obtaining any benefits otherwise due to a citizen;
3. The Unique Identification Number or the Aadhaar card will not be used by the respondents for any purpose other than the PDS Scheme and in particular for the purpose of distribution of foodgrains, etc. and cooking fuel, such as kerosene. The Aadhaar card may also be used for the purpose of the LPG Distribution Scheme;
4. The information about an individual obtained by the Unique Identification Authority of India while issuing an Aadhaar card shall not be used for any other purpose, save as above, except as may be directed by a Court for the purpose of criminal investigation.
As the Centre and several states governments and their agencies feel that Court’s order is acting as an impediment in their Aadhaar related goals, applications on behalf of government and their agencies have been filed seeking an extension of the purposes for which Aadhaar can be used.
The Applications
The applications filed in the lead matter [Justice K. S. Puttaswamy (Retd) & Ors. v. Union of India & Ors. – WP (C) No. 494 of 2012] seeking a modification/clarification of Court’s order are as follows:
| S. No. | Application Number | Application filed by | Application for |
| 1 | I.A. No. 15/2015 | UIDAI | Modification/Clarification of Court’s Order dated 11.8.2015 |
| 2 | I.A. No. 16/2015 | SEBI | Impleadment |
| 3 | I.A. No. 17/2015 | State of Gujarat | Modification/Clarification of Court’s Order dated 11.8.2015 |
| 4 | I.A. No. 18 & 19 of 2015 | Pension Fund Regulatory & Development Authority | Impleadment and Modification/Clarification of Court’s Order dated 11.8.2015 |
| 5 | I.A. No. 20/2015 | State of Haryana | Modification/Clarification of Court’s Order dated 11.8.2015 |
| 6 | I.A. No. 21/2015 | State of Mahrashtra | Modification/Clarification of Court’s Order dated 11.8.2015 |
| 7 | I.A. No. 22 & 23 of 2015 | TRAI | Impleadment and Modification/Clarification of Court’s Order dated 11.8.2015 |
| 8 | I.A. No. 24 & 25 of 2015 | IRDA | Impleadment and Modification/Clarification of Court’s Order dated 11.8.2015 |
| 9 | I.A. No. 26/2015 | State of Rajasthan | Modification/Clarification of Court’s Order dated 11.8.2015 |
| 10 | I.A. No. 27/2015 | SEBI | Modification/Clarification of Court’s Order dated 11.8.2015 |
| 11 | I.A. No. 28 of 2015 | Centre for Civil Society | Modification/Clarification of Court’s Order dated 11.8.2015 |
On the other hand Nagrik Chetna Manch, the petitioner in Writ Petition (C) No. 932 of 2013 has also filed an application seeking modification of the August 11 order in favour of the Petitioners rather than in Government’s favour (to be updated).
| 12 | I.A. No. 3 in W.P. (C) No. 932 of 2013 | Nagrik Chetna Manch | Modification/Clarification of Court’s Order dated 11.8.2015 |
Gujarat government has filed the application to seek its permission to extend Aadhaar usage to other schemes such as pensions and MGNREGA while RBI wants to use Aadhaar as a valid document as proof of identity.
Disclosure: Author is appearing on behalf of one of the petitioners.
Mohit Singh
Mohit Singh is an advocate at the Supreme Court of India.
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Original author: Mohit Singh