Don't deny benefits for want of Aadhaar, Supreme Court tells govt

The Supreme Court on Thursday directed the Centre that no one should be denied their rightful social security benefits for want of an Aadhaar and that the benefits could be extended to them on the basis of other forms of identity.

The apex court's directive came on the heels of a submission made by senior advocate Kapil Sibal who said, "There is no electricity at so many places and (obviously) no Wi-Fi. In some places, there are no machines or machines that work. How will this whole process work? Authentication is required at all places, such as ration shops. But without electricity and without Wi-Fi (or internet connection), how can that authentication be carried out?"

Sibal, who is representing the state of West Bengal, said the system was lacking in the requisite infrastructure which would take at least five more years. He further pointed out that "identity is only a proof that you're entitled to something". Without authentication, the identity proof would remain incomplete, thereby denying people their rightful entitlements.

However, Additional Solicitor General (ASG) Tushar Mehta countered Sibal's submission and said, "Nobody is excluded due to lack of infrastructure. We have remedies for that also."

Attorney General KK Venugopal, standing in for the Centre, said the government had already extended the last date for linking Aadhaar to various schemes and in the meantime nobody will be denied any benefits.

Representing UIDAI, the authorising agency in charge of issuing the unique 12-digit biometric identification number, he said, "Mere presentation of Aadhaar card is permissible, in case authentication cannot be done. Alternate methods are mentioned in the Act. If the Aadhaar number is found to be incorrect due to any demographic information error the Aadhaar holder may approach the authority concerned for the change in the demographic information."

Thursday marked the eighth day that a five-judge bench led by Chief Justice of India Dipak Misra was hearing a batch of pleas challenging the Constitutional validity of Aadhaar.

Alluding to the submissions made by the State, Sibal suggested that the Bench should pass an interim order to ensure that the benefits would not be denied to the needy. Sibal referred to the December 19, 2017 note issued by the Cabinet Secretary that Ministries and departments which suggested that an alternate mechanism could be put in place so that basic needs are not denied to the people.

However, CJI Misra said that the bench was only hearing questions of law and was not going to pass any orders in view of the submissions made by the AG. "We are dealing with the Constitutional issue. You proceed with your arguments on exclusion. We don't intend to stop you. If we will go for interim order, it will take long," CJI Misra said.

Even as the Constitution Bench, that also comprised Justices AK Sikri, AM Kanwilkar, DY Chandrachud and Ashok Bhushan, is hearing appeals against Aadhaar, on Wednesday, the Centre made a submission stating its plan to link driving licences to Aadhaar.

A court-appointed committee on road safety headed by former Supreme Court judge Justice K S Radhakrishnan submitted the same before the five-judge constitution bench on Thursday.

Sibal continued to make his submissions till the court broke for lunch and added that he would continue the matter on Tuesday, February 13.

Driving licence

Even as the Constitution Bench is hearing appeals against Aadhaar, the Centre on Wednesday made a submission stating its plan to link driving licences to Aadhaar.