Apex Court seeks GoI’sresponse challenging constitutional validity of Aadhaar

Against the backdrop of strong opposition expressed by civil society groups across India including by the Naga Students’ Federation (NSF) on implementation of Aadhaar card for availing benefits and services, the Supreme Court of India on Friday sought the government’s response on four petitions challenging the constitutional validity of the Aadhaar Act and linking of bank accounts and mobile numbers with the 12-digit biometric identification number.

On October 30, a bench headed by Chief Justice Dipak Misra had said that a constitution bench would be constituted and Aadhaar-related matters would come up for hearing before it in November last. Several petitions challenging the Centre’s move to make Aadhaar card mandatory for availing various services and benefits of welfare schemes have been filed in the apex court.

HIGHLIGHTS

• The SC chastised banks and mobile telephone companies for creating panic by sending customers messages saying their accounts will be deactivated if they don’t link them to Aadhaar

• The SC on Friday also asked the Centre to direct companies to mention in their text messages, the last date for linking their mobile numbers and bank accounts with Aadhaar.

• Seeks govt’s response on petitions challenging constitutional validity of Aadhaar Act

Naga Republic News

Recently, a nine-judge constitution bench of the apex court had held that Right to Privacy was a Fundamental Right under the Constitution. Several petitioners challenging the validity of Aadhaar had claimed it violated privacy rights.

The Centre had on October 25 told the top court that the deadline for mandatory linking of Aadhaar to receive benefits of government schemes has been extended till March 31, 2018 for those who do not have the 12-digit unique biometric identification number and were willing to enroll for it.

Some petitioners in the top court have termed the linking of the Unique Identification Authority of India (UIDAI) number with bank accounts and mobile numbers as “illegal and unconstitutional“. They have also objected to the CBSE’s alleged move to make Aadhaar card mandatory for students appearing for examinations, a contention denied by the Centre.

One of the counsel representing the petitioners had earlier said the final hearing in the main Aadhaar matter, which is pending before the apex court, was necessary as the government “cannot compel” citizens to link their Aadhaar with either bank accounts or cell phone numbers.

It may be mentioned that the NSF had submitted a memorandum to the Nagaland State Chief Minister, TR Zeliang seeking an urgent Motion of Resolution under Article 371A of the Indian Constitution in the State Legislative Assembly for barring the applicability of Aadhaar to the state of Nagaland pending the final Indo-Naga solution.

The NSF has pointed out that Article 371A of the Constitution exempts the State of Nagaland from the applicability of the Acts of Parliament in respect of religious or social practices of the Nagas, Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law, and ownership and transfer of land and its resources.

It further reminded the Nagaland CM that the State Legislative Assembly has a special prerogative to decide whether an Act of Parliament should be made applicable to the State. It is thus, the bounden duty of the State Legislative Assembly to defend, protect, uphold and advance the sanctity of this special status conferred by the Constitution of India and all the more so as the right to self-determination is the inalienable right of the Nagas, it added.

Earlier in the year the Konyak Union had also expressed discontent over circumstances under which Konyaks of Myanmar were restricted from coming to Mon town to acquire their basic essential food commodities for non-possession of Aadhaar card.

It had also cautioned the apex Baptist church body in Nagaland that it should rethink and act on the issuance of the unique identity number based on the “biblical context”.The KU further directed that “no institution within Konyak jurisdiction can enforce Aadhaar card as mandatory.”

Not only civil society but even the armed group NSCN (K) noting the grievances faced by the public, it has resolved to “ban enforcement of aadhar in Naga inhabited territories with immediate effect.”

In this regard, NSCN (K) MIP, in a press statement on October 22, directed all aadhaar registration agents to immediately close down the registration centres and cease their activities. It also asked the common public to refuse registration. MIP has also directed various government and non-government departments and agencies operating in the Naga inhabited territories including the financial institutions not to insist aadhaar or make aadhaar mandatory for any job applications or other services.

With inputs from PTI, Times of India and Morung Express