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On Friday the Supreme Court refused to hear pleas challenging the constitutional validity of recent Aadhaar ordinance brought by the Centre and asked the petitioner to approach the high court with their grievance.
President Ram Nath kovind had last month given his assent to the Aadhaar ordinance that allowed voluntarily use of Aadhaar as id proof for obtaining mobile SIM cards and opening bank account. The ordinance was necessitated because Rajya Sabha could not approve a bill after a passage by Lok Sabah. The cabinet had approved the promulgation of an ordinance to give effect to changes proposed in Aadhaar and to other legislation. The amendments provides stiff penalty for violation of norm said for the use of Aadhaar on violation of privacy. It bans storing of core biometrics information’s as well as Aadhaar number. By service provided in case of individual who have voluntarily offered the national id as a means of authentications.
The amendments make it clear that any one not offering Aadhaar cannot be denied any service, but opening of bank account and opening a mobile phone SIM card. The court had held that while Aadhaar would remain mandatory for filing of income tax return and allotment of PAN. It would not be mandatory to link Aadhaar to bank accounts and telecom service provides cannot seek. Its linking from mobile connection if I judge constitution bench of apex court had din September last year declared the center’s flagship Aadhaar scheme as constitutionally valid but struck down some of its provisions including its linking with bank accounts, mobile phones and school admissions.
The counsel appearing for the petitioners pray for withdrawal of these petitions with liberty to approach the High Court. Prayer is allowed and writ petitions are dismissed as withdrawn with the liberty aforesaid.
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