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Apex court permits ‘voluntary’ use of Aadhaar cards in welfare schemes

PTI New Delhi | Updated on January 22, 2018 Published on October 15, 2015

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Programmes include MGNREGA, pension/PF and Jan Dhan Yojana

Lifting its earlier restriction, the Supreme Court today permitted voluntary use of Aadhaar cards in welfare schemes that also included MGNREGA, all pension schemes and the provident fund besides the NDA Government’s flagship programmes such as the ‘Pradhan Mantri Jan Dhan Yojna’.

The social welfare schemes, aimed at reaching to the door steps of the “poorest of the poor”, were in addition to LPG and PDS schemes in which the apex court had allowed the voluntary use of Aadhaar cards.

A five-judge Bench headed by Chief Justice H L Dattu also put a caveat in its interim order for the Centre and said, “We also make it clear that Aadhaar card scheme is purely voluntary and not mandatory till the matter is finally decided by this court, this way or the other way.”

The Bench, while including the four other schemes along with LPG and PDS where Aadhaar may be used, said, “The Union of India to follow all other orders passed by this court since September 23, 2013.” It also said the Constitution Bench, which also included Justices MY Eqbal, C Nagappan, Arun Mishra and Amitava Roy, was set up only for the purpose of deciding applications filed by the Centre and bodies like RBI, SEBI, IRDA, TRAI, the Pension Fund Regulatory Authority and States such as Gujarat and Jharkhand seeking modification of the August 11 order.

The Bench also said that a larger Bench was required to be set up for final disposal of the petitions that also include the question as to whether the right to privacy is a fundamental right.

The plea for inclusion of various programmes, ‘Pradhan Mantri Jan Dhan Yojna’, MGNREGA, all pension schemes and the provident fund, today faced stiff opposition from a battery of senior lawyers like Soli Sorabjee, Gopal Subramanium and Shyam Divan.

The Jan Dhan Yojana features in Guinness Book of World Records for opening 18,096,130 bank accounts in a week starting from August 23, 2014 as a part of the financial inclusion campaign.

Published on October 15, 2015
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