Aadhaar Linking Deadline Extended: Supreme Court Grants Relief in Justice K.S. Puttaswamy (Retd.) vs. Union of India (15 December 2017)

Date of the Judgment: 15 December 2017

Citation: (2017) INSC 1104

Judges: Dipak Misra, CJI, A. K. Sikri, J, A.M. Khanwilkar, J, Dr D Y Chandrachud, J, Ashok Bhushan, J. This was a unanimous decision by a five-judge bench, with the opinion authored by Dr. D.Y. Chandrachud, J.

Is it mandatory to link your Aadhaar card to your bank account and mobile number? The Supreme Court of India addressed this pressing question in the context of the Aadhaar scheme. This case revolves around the extension of deadlines for linking Aadhaar to various services and schemes, a matter of significant public interest. The Supreme Court, in this order, has extended the deadlines for Aadhaar linking, providing interim relief while the main case is being heard.

Case Background

The case originated from a batch of petitions challenging the constitutional validity of the Aadhaar scheme. The petitioners raised concerns about the mandatory nature of Aadhaar and its potential impact on privacy. The Supreme Court had previously issued interim orders to regulate the use of Aadhaar, limiting it to specific schemes and emphasizing its voluntary nature. The Union Government, however, had been moving towards making Aadhaar mandatory for various services. This led to the filing of various petitions seeking clarity on the issue, particularly after the enactment of the Aadhaar Act, 2016.

Timeline

Course of Proceedings

The Supreme Court had been hearing a batch of petitions challenging the Aadhaar scheme. Interim orders were passed by the Court on 23 September 2013, 24 March 2014, 16 March 2015, 11 August 2015, and 15 October 2015 to regulate the use of Aadhaar. The Constitution Bench’s order on 15 October 2015 was particularly significant as it limited the use of Aadhaar to six schemes and emphasized its voluntary nature. After the enactment of the Aadhaar Act, 2016, the Union Government started making Aadhaar mandatory for various services. This prompted the petitioners to seek further clarification and interim relief from the Supreme Court.

Legal Framework

The primary legal framework discussed in this order is the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. This Act provides the legal basis for the Aadhaar scheme and its implementation. The court also refers to Section 139AA of the Income Tax Act, 1961, which deals with the mandatory quoting of Aadhaar for filing income tax returns. The Supreme Court’s previous interim orders, particularly the one dated 15 October 2015, were also a crucial part of the legal context.

The Court also considered its previous order in Lokniti Foundation v Union of India and Another [(2017) 7 SCC 155], which dealt with the E-KYC process for mobile phone subscribers.

The Court also refers to its judgment in Binoy Visman v Union of India, regarding Section 139AA of the Income Tax Act, 1961.

Arguments

The petitioners argued that the Union Government was violating the Supreme Court’s interim orders by making Aadhaar mandatory for various services. They contended that the Aadhaar scheme should remain voluntary until the matter is finally decided by the Supreme Court. The petitioners emphasized that the interim order dated 15 October 2015, issued by a Constitution Bench, was binding and should be strictly followed. They argued that the government should have sought a variation of the interim directions after the enactment of the Aadhaar Act, 2016, before making Aadhaar mandatory.

The Union Government, on the other hand, argued that the interim directions were issued in the absence of a legislative framework. With the enactment of the Aadhaar Act, 2016, the interim orders, according to the government, would not impede the enforcement of the law. The government also contended that the reasonableness of each notification making Aadhaar mandatory would be justified by the concerned department.

Issues Framed by the Supreme Court

The Supreme Court did not frame specific issues in this interim order. However, the core issue before the court was:
✓ Whether the interim orders of the Supreme Court, particularly the order dated 15 October 2015, should continue to govern the field, despite the enactment of the Aadhaar Act, 2016.

Treatment of the Issue by the Court

Authorities

The Supreme Court considered the following authorities:

• Lokniti Foundation v Union of India and Another [(2017) 7 SCC 155] – Supreme Court of India: This case dealt with the E-KYC process for mobile phone subscribers and was considered for extending the deadline for completing the E-KYC process.
• Binoy Visman v Union of India – Supreme Court of India: This case dealt with Section 139AA of the Income Tax Act, 1961, and was considered to clarify that the matter stands governed by that judgment.

Judgment

The Court considered the previous orders and the enactment of the Aadhaar Act, 2016. The Court extended the deadline for Aadhaar linking to various services and schemes until 31 March 2018.

The Court stated that:

• “The Union government has extended the deadline for Aadhaar linkage with all schemes of its Ministries/Departments until 31 March 2018.”
• “As far as Aadhaar linkage with bank accounts is concerned, for existing bank accounts, the last date for the completion of the process may be extended to 31 March 2018.”
• “In so far as new bank accounts are concerned, while the last date for completing the process of Aadhaar linking may be extended until 31 March 2018, persons desirous to open new accounts shall produce proof to the bank of an application having been submitted for obtaining an Aadhaar card together with the application number which shall be supplied to the account opening bank.”

What weighed in the mind of the Court?

The Court was primarily concerned with balancing the need for the implementation of the Aadhaar scheme with the rights of citizens. The Court extended the deadlines for Aadhaar linking to provide interim relief, while the main case challenging the Aadhaar scheme was being heard. The Court also considered the practical difficulties faced by citizens in linking their Aadhaar numbers to various services and schemes. The court’s decision to extend the deadlines was influenced by the need to ensure that citizens are not unduly burdened while the constitutional validity of the Aadhaar scheme is being decided.

Key Takeaways

• The Supreme Court extended the deadline for linking Aadhaar to various services and schemes until 31 March 2018.
• For existing bank accounts, the deadline for Aadhaar linking was extended to 31 March 2018.
• For new bank accounts, individuals can provide proof of application for Aadhaar along with the application number and complete the linking process by 31 March 2018.
• The deadline for completing the E-KYC process for mobile phone subscribers was also extended to 31 March 2018.
• The matter regarding Section 139AA of the Income Tax Act, 1961, is governed by the Supreme Court’s judgment in Binoy Visman v Union of India.
• The Court’s decision provides interim relief while the main case challenging the Aadhaar scheme is being heard.

Directions

The Supreme Court directed that the extension of the last date for Aadhaar linkage to 31 March 2018 shall apply to all state governments in similar terms as the Union government. The Court also directed that the entire batch of connected cases be listed for final hearing on 17 January 2018.

Development of Law

The ratio decidendi of this case is that the Supreme Court, while acknowledging the enactment of the Aadhaar Act, 2016, has extended the deadlines for Aadhaar linking to various services and schemes to provide interim relief while the main case is being heard. This decision does not change the previous position of law but provides a temporary measure to balance the government’s implementation of the Aadhaar scheme with the rights of citizens.

Conclusion

In this interim order, the Supreme Court extended the deadlines for Aadhaar linking to various services and schemes until 31 March 2018. This decision was made in response to petitions challenging the mandatory nature of Aadhaar and to provide interim relief while the main case was being heard. The Court’s order ensures that citizens are not unduly burdened while the constitutional validity of the Aadhaar scheme is being decided.