Obtaining Aadhar card optional: Centre tells SC

The central government on Monday told the Supreme Court that the government has not made Aadhar card mandatory and it was optional for the citizens of the country. Hearing a batch of petitions on Aadhar card, the apex court asked the government not to issue the card to illegal migrants. The court also said that no citizen should suffer for want of Aadhar card and getting it must be voluntary and not mandatory.

A bench comprising of Justice B S Chauhan and Justice S A Bobde was hearing a batch of petitions against decisions of some states to make Aadhar cards compulsory for a range of activities. These activities include salary, Provident Fund disbursals, marriage registration, property registration etc.

Senior Advocate Anil Divan, arguing for Justice (retd) K S Puttaswamy, who is the former judge of the Karnataka high court, said that the government claims that the scheme is voluntary but it is not so. He said Aadhar is being made mandatory for various purposes. Questioning the legality of the scheme, Justice Puttaswamy has also sought a stay on the implementation of the scheme, which is being issued by Unique Identification Authority of India (UIDAI).

Divan said that linking the Aadhar number to getting benefits of social welfare schemes under the Food Security Bill, cooking gas subsidy, Employees Provident Fund and Direct Benefit Transfer under social welfare schemes made it mandatory in nature. He also alleged that indiscriminate issuance of Aadhar numbers to all residents, including illegal migrants, created a serious threat to national security.

Divan told the court that despite the fact that the Aadhar card is voluntary in nature, an order has been issued by the Registrar of the Bombay high court in pursuance of an order of the state government that it would be necessary for disbursal of salary of judges and staff also. 

He said that the scheme is complete infraction of Fundamental Rights under Articles 14 (right to equality) and 21 (right to life and liberty).