Aadhaar-link move of Telangana, AP to face trouble

The Supreme Court has granted interim directives on two occasions stalling the efforts of the Congress-led UPA government to link the welfare schemes with the card by ruling that the Aadhaar card could not be mandatory for availing government services and that nobody should be deprived of such facilities for want of the card.

The Apex Court in March and September 2013 granted interim directives.

Recently, Andhra Pradesh finance minister Y. Ramakrishnudu categorically said that the government is examining the possibilities to link several welfare schemes including fee reimbursement, old age pension and housing for poor with the Aadhaar card.

Similarly, the Chief Minister of Telangana state also indicated that the welfare schemes will link with the Aadhaar card in the near future.

Legal experts are of the opinion that the both governments have no power to take their idea forward as the matter is already subjudice and the Apex Court is yet to deliver its final verdict on validity of the Aadhaar card.

In a PIL by retired Karnataka High Court judge, Justice K.S. Puttaswamy, the Apex Court made it clear that Court said that enrolment under the scheme was completely voluntary and not necessary to avail essential government services.

The Apex Court has directed the Centre to immediately withdraw instructions that make the cards mandatory for availing government schemes or subsidies.

Mr. N. Sreedhar Reddy, former special government pleader, said that there was no legal sanction for the Unique Identification Authority of India (UIDAI) which is issuing the Aadhaar card and any of the governments or its agencies has no authority to link their schemes with the card, issued by such an authority.

He reminded that the Parliamentary Standing Committee on Finance has rejected the National Identification Authority of India (NIAI) Bill, in January 2014.