Supreme court judgement on reservation in promotion pdf. Supreme court on aadhar card, keeps decision in the. Rohatgi said the supreme court cannot shut its doors on 50 crore people because of its interim order confining the use of aadhaar to pds and lpg schemes. However, the aadhaar number must still be quoted to file income tax. Aadhaar based biometric attendance system aadhaar details should not be used for personal reasons supreme court aadhaar based biometric attendance system employees express displeasure the biometric aadhaar linked attendance system has now been introduced among the staff of income tax department in tamil nadu and pondicherry. The court order also extended this extension to the issuance of passports. Apr 11, 2017 reaffirming the 151015 order, the court struck down directions from the union of india to the states making aadhaar mandatory for various scholarships.
Supreme court orders partial stay on aadhaar pan linkage. Sibal argued that aadhaar was unreasonable in more ways than one. Use of aadhaar card hangs on supreme court verdict today. The production of an aadhaar card will not be condition for obtaining any benefits otherwise due to a citizen, 3. Sep 26, 2018 thats despite an august 2015 supreme court order pdf. Trai asserted that since the mandatory use of the aadhaar card had been stopped by the supreme court, it was now easy for terrorists to get mobile connections. Once the hearing concluded, the court said it will pass orders at 3. When the govt tries to bulldoze supreme court judgement. 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. In this article, we explain the scs recent verdict on aadhaar and what it means for businesses in india. Supreme court has passed the interim orders on 11th august 2015. My reservations should be seen as a difference of opinion not an indictment, rejection or the contempt of the court.
To prevent this, the only option is to make aadhaar card mandatory, attorney general mukul rohatgi told the supreme court bench. The top court had on march extended indefinitely the march 31 deadline for linking bank accounts and mobile phone numbers with aadhaar. Jun 09, 2017 the supreme court of india today ruled that the indian government cannot cancel pan cards if citizens dont link an aadhaar number to their pan card. On 23 september 20 the supreme court issued an interim order saying that. The other important feature of the supreme courts interim order is that no service. On december 15 last year, the supreme court had directed the extension of deadline till march 31 for the linking of aadhaar with bank accounts and mobile phones. The supreme court has mandated linking the aadhaar card by the 31st of march 2018. So sooner or later, the constitution bench of supreme court has to take the call on the constitutional validity of aadhaar. This means that the aadhaar linking deadline has in effect been extended indefinitely. We found a number of of pan cards being used to divert funds to shell companies. Aadhar scheme has all those necessary ingredients that could easily push. After supreme court verdict, what needs to be linked with. With this, the supreme court had modified an august 11, 2015 order issued by its threejudge bench restricting aadhaar use to only pds and lpg. Nagappan clarified that demands made by officials for aadhaar card is in clear violation of the supreme court s interim order of.
Digital inclusion and public services in india shweta s. Supreme court on aadhar card, keeps decision in the envelope. Most mandatory private use of aadhaar has been struck down. With the supreme court sc holding aadhaar to be constitutionally sound, a lot is set to change for the state, and its citizens, besides other.
The main matter in aadhaar is pending on the question of the right to privacy. The court s order makes it clear that uid aadhaar number remains voluntary. Apart from this, the court had directed that strict action should be taken against the people to make the aadhar card mandatory. First thing is that in menaka gandhi vs union of india1978 case supream court declared many rights such as right to privacy, right to in. On 16 july 2015 the government requested the supreme court to revoke its order, saying that it intended to use aadhaar for various services. Supreme court stays mandatory linking of aadhaar with pan. Aadhaar is not compulsory for government or private. Heres a fiveyear timeline the government had earlier set a deadline of december 31 for linking aadhaar with. The supreme court on wednesday said aadhaar is not needed for opening a bank account, or getting a sim card and private companies cannot ask for aadha. For the purpose of this order, it is not necessary for us to go into the details of the nature of the scheme 1. A quick summary of the supreme court majority order. Modi government cannot belittle the supreme court order on. Supreme court upheld the validity of aadhaar, but imposed some restrictions on its use. Mar 16, 2015 the supreme court today directed the centre and states to stick to its earlier order and not insist on aadhar card for granting social security benefits to citizens.
In 2015, the supreme court issued an order saying aadhaar could not be made mandatory until the court settles the fundamental rights challenge one way or the other. Supreme court rules aadhaar not mandatory for bank. Indias supreme court issues interim orders in national. The order from the supreme court is very clear on where aadhaar can be used and where it cannot be. Aadhar scheme has all those necessary ingredients that could easily push the common law abiding citizen to grave danger. It is eminently clear that all the orders of supreme court are still in force as per court s order of october 15, 2015 and they will remain in force till the time court itself does not waive them. Further we present various cases in which aadhaar card may pose security threats. Supreme court rules that aadhaar card not necessary to get. Aadhaar linking deadline extended indefinitely by supreme. Supreme court interim order on aadhaar data collection. Under the narendra modiled government, which came to power in 2014, aadhaar has become a requirement for at least 22 welfare programmes. Aadhaar, indias program to provide a unique identity number for every. Apart from the centre and its various wings, a clutch of states also moved the apex court seeking permission to use aadhaar for various schemes.
Aadhaar based biometric attendance system aadhaar details should not be used for personal reasons supreme court. Mar 28, 2018 no extension of time for linking aadhaar to welfare schemes, says supreme court the supreme court had on march extended indefinitely the march 31 deadline for linking bank accounts and mobile phone numbers with aadhaar. All eyes will be on the supreme court on wednesday when a fivejudge constitution bench led by cji dipak misra delivers the judgment on constitutional validity of aadhaar. Banerjee december 2015 aadhaar, indias program to provide a unique identity number for every resident, is the largest biometric identification program in the world. It is also not mandatory to provide aadhaar for new mobile connections. Forcing aadhar card on the masses is violation of supreme.
Noncongress political parties have denounced biometric aadhaar as a case of fraud and a national betrayal. Aadhaar cannot be mandatory a bench recalled an order whereby it was clarified that the aadhaar card scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this court one way or the other. Supreme courts judgement on aadhaar find out the impact. On february 15, 2015, the election commission announced plans to implement the. More than 800 million biometric ids have been issued to indians, and are called the aadhaar card or the uid, for universal id. Why is the supreme court not allowing the aadhaar card to be. Supreme court verdict on pleas against linking aadhaar, pan today. Court, the said high court passed orders requiring uidai to provide biometric. For understanding why apex court is not making adhaar card to be compulsory we have to understand two things.
The supreme court and the government are continuing to disagree with the aadhaar on many points. Thats despite an august 2015 supreme court order pdf restraining the. Indias supreme court has issued an important ruling and interim orders about a muchwatched case related to indias national biometric ids and how they are used. Sc refuses to modify order on use of aadhaar card india. Thats despite an august 2015 supreme court order pdf. Any other id proof can also be used for obtaining a new sim card. May 10, 2018 the supreme court had said that unless there is a decision in the matter, the foundation linking option should be open. The supreme court has repealed the governments order on linking aadhaar with mobile number.
The supreme court on tuesday said apprehensions of profiling of citizens on the basis of aadhaar data is a serious issue that needs examination but th. Supreme court reserves order on linking aadhaar with pan. Jan 06, 2015 forcing aadhar card on the masses is violation of supreme court order. Apr 21, 2017 to prevent this, the only option is to make aadhaar card mandatory, attorney general mukul rohatgi told the supreme court bench. The supreme court has made exception for children saying that no child can be denied benefits of any scheme if he or she doesnt have aadhaar card. The honourable supreme court delivered its judgement on 7.
Today, th march 2018, the supreme court held that the interim order of december 15, 2017, fixing the march deadline, shall stand extended till the matter is finally heard and the judgment is pronounced. Supreme court verdict on pleas against linking aadhaar. Constitution bench to hear aadhaar petitions the supreme court today said its constitution bench will start hearing a clutch of petitions challenging the centres move to make aadhaar card mandatory for availing various services and benefits of government welfare schemes from the last week of november. He referred to interim orders of the supreme court saying they were passed in 2015 and the aadhaar act came in 2016, assented by the president and became effective. Supreme court to rule on aadhaar today india news,the. The supreme court had said that unless there is a decision in the matter, the foundation linking option should be open. Children cannot be denied benefits for the lack of the aadhaar card. What do you think about the supreme court judgement on.
Supreme court s interim order on aadhaar fails to bring relief to uid holdouts. The supreme court extends the voluntary use of aadhaar card to mahatma gandhi national rural employment guarantee act mgnrega, all types of pensions schemes, employee provident. Thats despite an august 2015 supreme court order pdf restraining the government from expanding it beyond the public distribution system for food grains and cooking fuel. Why is the supreme court not allowing the aadhaar card to. Jun 14, 2017 for understanding why apex court is not making adhaar card to be compulsory we have to understand two things. The supreme court today reserved its verdict on a batch of petitions challenging the constitutional validity of aadhaar. The highest court in the land on monday pulled out the foundations from under the united progressive alliance governments flagship aadhaar scheme, directing the centre to immediately withdraw instructions that make the cards mandatory for availing government schemes or subsidies. The supreme court of india today ruled that the indian government cannot cancel pan cards if citizens dont link an aadhaar number to their pan card. After supreme court verdict, what needs to be linked with aadhaar and what doesnt.
To obtain an aadhaar number, a person is required to submit their. Order of the supreme court of india regarding aadhaar card. The supreme court had on march 27 made it clear that aadhaar cards cannot be made mandatory by the government for extending benefits of social welfare schemes. The biometric aadhaarlinked attendance system has now been introduced among the staff of income tax department in tamil nadu and pondicherry. The supreme court on friday ordered that the central government cannot make it compulsory to link aadhaar card with pan for filing tax returns. The unique identification number or the aadhaar card will not be used by the. The supreme courts 5judge bench, led by indias chief justice dipak misra, on thursday, rejected the petition filed by senior advocate shyam divan, who has been at the forefront of this battle. Supreme court rules that aadhaar card not necessary to get essential services the supreme court of india has ruled that state governments must not insist that citizens produce the aadhaar card in order to receive essential services. Nagappan clarified that demands made by officials for aadhaar card is in clear violation of the supreme court s interim order. Supreme court of india order 2015, aadhaar is not mandatory for every welfare scheme.
Bank accounts and mobile phone no longer need to be linked, but pan card. In this batch of matters, a scheme propounded by the government of india popularly known as aadhaar card scheme is under attack on various counts. The supreme court of india in its judgment of a writ petition filed by justice k s puttaswamy retd. Staying the government order of linking aadhaar with pan, the top court said that it cannot be made mandatory till the constitution bench takes the final decision. In march 2015 the aadhaarlinked digilocker service was launched, using. Nagappan clarified that demands made by officials for aadhaar card is in clear violation of the supreme courts interim order of. In 2015, the supreme court passed some interim orders stating that. On 21 july 2015 the court noted that some states were insisting on aadhaar for benefits despite its order. The supreme court extended the deadline for linking read more. With this, the supreme court had modified an august 11, 2015 order issued by its threejudge bench restricting aadhaar use to only pds and lpg cooking gas distribution. Supreme court on monday reiterated its earlier order that aadhaar card is not compulsory and added that officials who insist on them will be taken to task.
The supreme court on thursday reserved its verdict on mandatory linking of aadhaar with pan card, as it was told that the government cannot belittle the apex court order holding the unique. Overview of the legal issues around aadhaar prsindia. Extracts from supreme court orders on aadhaar rethink aadhaar. Honourable supreme court in its landmark judgement has upheld section 9aa of the income tax act as constitutionally valid which required quoting of the aadhaar number in applying for pan as well as for filing of income tax returns. Uidaadhaar enabled biometric attendance system aebas. The last order is particularly significant as it reaffirms earlier orders even after the aadhaar act. Aadhaar is not compulsory for government or private services. Aadhaar based biometric attendance system aadhaar details. The court is bizarrely silent on whether aadhaar enrolment ids can be made mandatory for all services and also. Supreme court tells centre the apex court has also directed the unique identification authority of india uidai not to share any information pertaining to an aadhaar card holder with any government agency. I disagree with the judgement but intend to fully honor it. Supreme court asks centre, states, not to insist on aadhar card. Aadhaarbased profiling fears serious, supreme court says.
Those assessees who are not aadhaar card holders and do not comply with the provision of section 92, their pan cards be not treated as invalid for. Court said the program is not mandatory for bank accounts, sims. Supreme court rules aadhaar not mandatory for bank accounts, mobile numbers, school admissions justice a k sikri, who is part of the fivejudge bench ruling on the validity of the aadhaar act and who wrote the majority judgment, also struck down section 57 of aadhaar act, which permits private entities to avail of aadhaar data. Supreme court judgement on reservation in promotion for scst central government employees. The supreme court upheld on friday the law making the uid number a must for filing income tax returns and its linkage to pan card. No, the supreme court has not made it mandatory for you to. No, the supreme court has not made it mandatory for you to link your phone with aadhaar but who is going to challenge the government circular that makes this claim. The supreme court today refused to pass an interim order extending the deadline of march 31 for linking of aadhaar with the welfare schemes where benefits are transferred to citizens from the consolidated fund of india. Supreme court verdict on pleas against linking aadhaar, pan today the supreme court will pronounce its judgement on friday on a batch of petitions challenging the constitutional validity of a. Aadhaar card not compulsory for filing tax returns, rules. In june 2017, a twojudge bench of the court had upheld the governments decision to link aadhaar with pan cards but refused to make it compulsory for those who dont have an aadhaar card, till the constitutional benchs decision. And since the judgement by the apex court is law of the land, the govt offices, post office or anyone else who is not authorised to use aadhaar, simply cannot ask for it or make it mandatory for anything. There have been number of articles, interviews for discourses in favour of or against aadhaar. Aadhaar cant be mandatory for opening bank accounts or mobile phone connections, or for school admissions, rules supreme court.
Aadhaar is a 12digit unique identification number uid issued by the unique identification authority of india uidai to every individual resident of india. Mar 27, 2017 with this, the supreme court had modified an august 11, 2015 order issued by its threejudge bench restricting aadhaar use to only pds and lpg cooking gas distribution. Yesterday, the supreme court delivered its first verdict in a series of legal challenges. Aadhaar linking not mandatory for bank accounts, phones.
Mar 24, 2014 withdraw orders making aadhaar mandatory for any service. May 04, 2017 the bench said the aadhaar act was passed in 2016, and when the earlier order was passed by the apex court in 2015, it was only on a government scheme which was an executive order. The observations of supreme court of india are also presented in this paper. On 11 august 2015 the supreme court directed the government to widely publicise in print and electronic media that aadhaar was not mandatory for any welfare scheme. A few months later on october 10, 2015, the government asked the supreme court to allow the use of aadhaar in a few more schemes. Today, mention of the word aadhaar would not lead a listener to the. In a landmark decision today the supreme court of india upheld the aadhaar act, the use of the money bill route for its legislative passage and the use of mandatory aadhaar based identification for government welfare schemes, the expenditure for which is drawn from the consolidated fund of india. Supreme courts interim order on aadhaar fails to bring. Forcing aadhar card on the masses is violation of supreme court order. Aadhar card supreme court 7 news results the supreme court today said it would hear congress leader jairam rameshs plea challenging the lok sabha speakers decision to certify a bill to amend the aadhaar law as a money bill in the first week of november. Supreme court upholds law making pan linking with aadhaar must. Aadhaar based biometric attendance system employees express displeasure.
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