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LPG subsidy not possible without Aadhaar card, Centre tells SC
R Sedhuraman
Legal Correspondent

New Delhi, October 4
The Centre today took a U-turn in the Supreme Court on the Aadhaar card issue, pleading that the Rs 40,000-crore subsidy scheme for LPG cylinders could not be implemented without insisting on the unique identification number (UID) on the card.

Appearing before a Bench headed by Chief Justice P Sathasivam, Solicitor General Mohan Parasaran sought a modification in the SC’s September 23 order directing the government not to insist on UID for offering subsidy or other benefits and services to the people. The Bench agreed to consider the plea on October 8.

The SC had passed the order after hearing a PIL filed by Justice KS Puttaswamy, a retired judge of the Karnataka High Court, questioning the legality of the UID scheme in the absence of any statutory backing. Parasaran had then informed the SC that the government had not made Aadhaar Card mandatory and that it was only optional.

In the application seeking exemption for the LPG supply, the petroleum secretary said the government had no other mechanism to prevent misuse of the cash transfer scheme under which the subsidy amount was being transferred directly to the bank accounts of the consumers entitled to get nine cylinders in a year at a cost of Rs 410.50 per cylinder against the market rate of Rs 943.36.

In the September 23 interim order, the apex court had also asked the Centre to ensure that illegal immigrants from other countries did not get UID. It had directed the Centre and the state governments not to insist on the card for anything, be it for the newly-enacted Food Security Act, for payment of salaries or subsidies, issue of driving licenses or marriage certificates, providing gas connections or scholarships, for opening bank accounts or for getting property or vehicles registered.

The petitioner contended that the Aadhaar scheme violated the people’s fundamental right to privacy under Article 21 of the Constitution as the applicants for the card had to part with their biometric details of fingerprints and iris. Also, a host services and benefits to which people were legally entitled could not be denied to them for want of UID or Aadhaar. The Bench admitted the petition for final hearing when it would go in all the aspects in detail.

Centre’s U-turn

The Centre said the Rs 40,000-crore subsidy scheme for LPG cylinders could not be implemented without insisting on the UID number on the Aadhaar card

It said the government had no mechanism to prevent misuse of the cash transfer scheme under which the subsidy amount was being transferred directly to the bank accounts of the consumers

Solicitor General Mohan Parasaran sought a modification in the SC’s September 23 order that had directed the Centre and the state governments not to insist on the card for anything

The Bench agreed to consider the plea on October 8

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