The Unique Identification Authority
of India (UIDAI) clarified today that Aadhaar Act being in force, all notifications for
requiring Aadhaar for various welfare programmes, verifying bank account, PAN
card and SIM card with Aadhaar stand valid and lawful. Today’s legal position
is that there is no stay as on Dec. 7, 2017 from the Supreme Court on Aadhaar
and its linking to various services, as per a press release.
The Aadhaar (Targeted Delivery of
Financial and Other Subsidies, Benefits and Services) Act, 2016 (“Aadhaar Act
2016”) was passed by the Parliament on 16th March 2016 and notified in the
Gazette of India on 26th March 2016. Therefore, subsequent notifications issued
under section/s of Aadhaar Act for requiring Aadhaar as primary identifier by
various ministries and departments of Government of India and States/UTs
Governments for various services, benefits and subsidies hold the field today.
UIDAI has advised people not to get misled
by an outdated video doing rounds in Social Media and Whatsapp and has
recommended that people should instead verify their banks accounts, investment
accounts, SIM cards, etc. as per the current laws and deadlines as early as
possible to avoid any inconvenience.
UIDAI has clarified on a video
circulated purportedly out of context of a lady lawyer on WhatsApp, Twitter and
Social Media and said that the video refers to an order passed by the Supreme
Court on 11th August 2015 when the court had restricted use of Aadhaar to only
few programs.
The video does not reflect true
legal position as it obtains today, i.e., Dec. 7, 2017 because after the said
Supreme Court order of 2015, Aadhaar Act was passed by Parliament in 2016 and
subsequently notifications have been issued under the Aadhaar Act making
Aadhaar mandatory for availing various welfare benefits such as PDS, LPG,
MNREGS, scholarships, pensions etc. The Income Tax Act was amended in March
2017 to make Aadhaar mandatory for PAN cards.
On June 1, 2017, PML Rules have been
amended to make Aadhaar mandatory for linking all bank accounts, insurance,
pension, mutual funds, DMAT accounts. Supreme Court too in Lokniti Foundation
case through an order passed in Feb. 2017 has approved verification of all SIM
cards with Aadhaar.
The Supreme Court has upheld the
linkage of Aadhaar with PAN in the case of Binoy Viswam v. Union of India which
mandates Aadhaar for income tax returns and PAN. The mandatory requirements of
Aadhaar for PAN, bank accounts, welfare programs, and SIM cards have been
challenged in the Supreme Court and no stay has been granted.
Therefore, it is clear that the
video is outdated because it does not reflect the latest legal position as on today
(Dec. 7, 2017). It is reiterated that there is no stay from the Supreme Court
as on Dec. 7, 2017 on Aadhaar and its linking to various services.
Source:The Economic Times
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