SC allows use of Aadhaar card in welfare schemes

The Supreme Court on Thursday allowed the government to use Aadhaar cards for Pradhan Mantri Jan Dhan Yojana, MNREGA and pension and provident fund schemes only after obtaining the citizens’ consent.

A five-judge bench presided over by Chief Justice H L Dattu modified its pervious order of August 11 whereby the use of cards, issued by the Unique Identification Authority of India (UIDAI) to the citizens containing their biometric data, was limited only to PDS and distribution of LPG.

The court, however, directed the government to follow strictly its order of September 23, 2013, that no person should be deprived of any benefit of the social welfare scheme in case he or she did not have the Aadhaar card.

“We make it clear that Aadhaar is purely voluntary till its constitutional validity is decided by a larger bench,” the bench, also comprising Justices M Y Eqbal, Arun Mishra, C Nagappan and Amitava Roy, said.

The court also put a request to the Chief Justice for setting up a Constitution bench to decide about the batch of pending PILs challenging the constitutional validity of the Aadhaar cards for being in violation to the right to privacy.

The court’s order came as relief to the government, which has so far registered about 92 crore people and wanted to expand the Aadhaar's use in its ‘Digital India’ programme.

As the hearing on modification applications filed by the UIDAI, RBI, Sebi, Trai and others began, the bench asked senior advocate Shyam Divan, appearing for PIL petitioner K S Puttaswamy, former Karnataka High Court judge, about his objection on expanding the use of Aadhaar.

“If, according to you, this biometric obtained for making Aadhaar has its own ramifications and disadvantages...it’s being used for LPG and PDS, why not other social benefit schemes,” the bench asked.

Divan said its use is not good for two schemes also.


The bench also pointed out that the court had already made it clear that the government would not use the biometric data for any other purpose.
Divan, however, contended that any modification in three-judge bench order of August 11 could be done by the three-judge bench only.

The bench, on its part, reminded him that it was constituted only for the purpose of passing an interim order after reference of the matter by the three-judge bench.
Divan then said that there was no embargo on the government to use of Aadhaar cards.

Senior advocate Gopal Subramanium, representing another PIL petitioner, said the court would be aghast to know the dangers that it involved in allowing the use of Aadhaar.

“Why you allow duplication if the citizen is having any other valid identity proof? After all, biometric data are part of my body which is sovereign,” he contended, adding it was inconsistent with human dignity.

To this, the bench said: “If somebody is ready to part with the data, what is your problem?”

Attorney General Mukul Rohatgi said the interim order passed by the three-judge bench can be modified as it is not final.