M A I N   N E W S

No SC relief for Centre on Aadhaar card
R Sedhuraman
Legal Correspondent

New Delhi, October 8
The Centre today failed to get any relief from the Supreme Court on the Aadhaar card issue even as it contended that the SC had issued two orders, one for linking the Aadhaar to public distribution system (PDS) for checking corruption and the other for non-insistence of the card for offering subsidy or other benefits and services to the people.

Arguing before a Bench comprising Justices BS Chauhan and SA Bobde, Solicitor General Mohan Parasaran said that another SC Bench which was hearing a PIL by the People’s Union for Civil Liberties (PUCL) on the PDS corruption had passed an order acknowledging the importance of the Unique Identification Number (UID) on the Aadhaar card for eliminating bogus ration cards and wastage of subsidy.

On the other hand, this Bench had passed an order on September 23 directing the government not to insist on UID.

The SG was supplementing the arguments of Attorney General GE Vahanvati, who appeared for the Union Petroleum Ministry, pleading for modification of the September 23 order to exempt oil companies to enable them to sell nine LPG cylinders at subsidised rates to each of the consumers.

Additional Solicitor General Nageshwar Rao, who appeared for three public sector oil companies, also sought modification of the SC order, contending that his clients had already introduced Aadhaar in 97 districts and it was difficult to roll it back as it would bring the LPG “distribution to a grinding halt.” The Bench, however, said the government’s pleas would be considered only at the next hearing which was possible only after the Dussehra vacation from tomorrow till October 17.

The Bench 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.

Within a few days, the Centre took a U-turn, pleading that the Rs 40,000-crore subsidy scheme for LPG cylinders could not be implemented without insisting on UID.

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.

Addl SG’s plea

* Additional Solicitor General, who appeared for three public sector oil companies, sought modification of the SC order

* He contended that his clients had already introduced Aadhaar in 97 districts

* It was difficult to roll it back as it would bring the LPG “distribution to a grinding halt”

Bench’s reply

The Bench, however, said the government’s pleas would be considered only at the next hearing which was possible only after the Dussehra vacation from Wednesday till October 17.