The bench allowed West Bengal to file an amended application challenging the Centre's notification to link all welfare schemes with Aadhaar
Weeks before a Constitutional bench of Supreme Court may hear Aadhaar-related matters, petitions challenging several provisions of the Aadhaar Act, and the Finance Act continue pouring in. Justices AK SIkri and Ashok Bhushan dealt with at least two matters involving a challenge to the unique biometric scheme on Friday. The bench allowed West Bengal to file an amended application challenging the Centre's notification to link all welfare schemes with Aadhaar, while dismissing a plea filed by former Kerela minister Binoy Viswam who challenged section 139AA of the Finance Act.
Section 139AA of the Income-Tax Act, 1961 as introduced by the Finance Act, 2017 provides for mandatory quoting of Aadhaar / Enrolment ID of Aadhaar application form, for filing of return of income and for making an application for allotment of Permanent Account Number (PAN) with effect from 1st July, 2017.
At the previous hearing, the bench had pulled up West Bengal for challenging the Centre's move of mandatory linking of Aadhaar card to avail social welfare benefits.
"How can the state of West Bengal come here directly? Let Mamata Banerjee come and file a petition as a citizen," the bench had said. "How can a state challenge a law passed by the Centre? Tomorrow the Centre will come against laws by the states," Justice AK Sikri said addressing senior advocate Kapil Sibal who was representing West Bengal.
Sibal, however, informed the court that the plea was filed through the state's labour department since subsidies under these schemes have to be given by them. Agreeing with the court's suggestion, Sibal had then agreed to amend the plea.
"In a federal structure, how can a state file plea challenging Parliament's mandate? We know it is a matter which needs consideration but you satisfy us how a state can challenge it," the bench added before dismissing the case.
In dismissing the application, the top court maintained that in June 2017, it had already upheld the provision that was introduced in the Finance Act, which made it mandatory for PAN card holders to submit their Aadhaar number for filing IT return.
"How is this petition is maintainable now," the bench questioned advocate Sriram Parakkat, who is representing Viswam.
"We had upheld the vires (of the provision). Now, a judgment on right to privacy has come but there is no judgment on Aadhaar. How has this petition has been filed," the bench said.
However, the bench granted Parakkat the liberty to implead himself before the constitution bench that will hear all matters pertaining to the constitutional validity of the Aadhaar.
STATE VS CENTRE
- West Bengal had challenged Centre’s move of making linking of Aadhaar number mandatory to avail social welfare schemes.
- SC rejected the plea filed through the state’s labour department saying a state cannot challenge a law passed by the Centre.
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