Govt can't make Aadhaar mandatory for welfare schemes: Supreme Court

New Delhi: The Supreme Court on Monday said the government cannot make Aadhaar mandatory for extending benefits of central welfare schemes, but added that it cannot stop the government from linking the 12-digit identification number to the opening of bank accounts or filing of tax returns.

The bench comprised of Chief Justice J S Khehar and Justices D Y Chandrachud and S K Kaul.

Recently, the government made it mandatory for citizens to produce the 12-digit Aadhaar number for benefits under dozens of central schemes - free mid-day meals for schoolchildren, scholarships, subsidised cooking gas and foodgrains and other schemes for backward castes and the disabled.

Aadhaar cards will also be needed for filing tax returns. The Centre has indicated that PAN cards could be invalidated by year-end if not linked with Aadhaar.

The government had said it will enable people to get their biometric identity documents by June 30.

A clutch of petitions challenging the orders, and Aadhaar, are pending in the SC.

The bench also said that a seven-judge bench needed to be constituted for authoritatively deciding a batch of petitions challenging the Aadhaar scheme on grounds including that it infringes on the Right to Privacy of citizens.

It, however, expressed inability in setting up of the seven-judge bench saying it would be decided at a later stage.

Senior advocate Shyam Divan, appearing for one of the petitioners, alleged that the Central government is not following the various orders passed by the apex court that the usage of Aadhaar would be voluntary and not mandatory.

The apex court on August 11, 2015, had said that Aadhaar card will not be mandatory for availing benefits of government's welfare schemes and barred the authorities from sharing personal biometric data collected for enrolment under the scheme.

However, on October 15, 2015 it had lifted its earlier restriction and permitted the voluntary use of Aadhaar cards in welfare schemes that also included MGNREGA, all pension schemes and the provident fund besides ambitious flagship programmes like 'Pradhan Mantri Jan Dhan Yojna' of the NDA government.

A five-judge bench headed by the then Chief Justice H L Dattu had also put a caveat in its interim order for the Centre and said, "We also make it clear that Aadhaar card scheme is purely voluntary and not mandatory till the matter is finally decided by this court, this way or the other way."

The bench, while including the four other schemes along with LPG and PDS where Aadhaar may be used, had said, "The Union of India to follow all other orders passed by this court since September 23, 2013."

Divan, representing one of the petitioners who has challenged the Aadhaar card scheme, had claimed that the Unique Identification Authority of India (UIDAI), which runs the programme, is neither backed by any law nor by any notification and is getting biometric details through private agencies.

The lawyers for the petitioners had contended that the scheme is "all-pervasive" and is not full proof either and hence, cannot be used for other programmes.

On October 14, 2015, the apex court took note of Centre's plea that Aadhaar cards be allowed to be used "voluntarily" for welfare programmes other than PDS and LPG schemes and asked whether it can assure that nobody would be at a "disadvantageous" position for want of Aadhaar.