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Updated: October 9, 2013 01:49 IST

Final hearing on Aadhaar card on Oct. 22

Legal Correspondent
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Aadhaar is the only fool proof mechanism to check misuse of subsidies, claims the government.
The Hindu Photo Library Aadhaar is the only fool proof mechanism to check misuse of subsidies, claims the government.

The Supreme Court on Tuesday posted for final hearing on October 22 a batch of petitions and applications filed by the Union government and oil companies seeking a modification of the interim order that restrained the government from making the Aadhaar card mandatory for transfer of social welfare benefits to beneficiaries.

A Bench of Justices B.S. Chauhan and S.A. Bobde decided to post all matters for final hearing, after Attorney-General G.E. Vahanvati and Solicitor-General Mohan Parasaran pleaded for modifying the interim order, passed on September 23.

The interim order said, “In the meanwhile, no person should suffer for not getting the Aadhaar card in spite of the fact that some authority had issued a circular making it mandatory, and when any person applies to get the Aadhaar card voluntarily, it may be checked whether that person is entitled for it under the law and it should not be given to any illegal immigrant.”

The Attorney-General drew the attention of the court to lift the stay, stating that gas cylinders were being distributed on a highly subsidised rate amounting to Rs. 40,000 crores.

Mr. Vahanvati clarified that retail consumers would not require the Aadhaar card to purchase LPG cylinders from oil marketing companies at market prices. Only those seeking subsidy on supply of market price cylinders (up to nine cylinders per annum) were required to mandatorily obtain an Aadhaar card, and produce the same in order to avail of the subsidy.

The card was the only foolproof mechanism for Direct Benefit Transfer of the subsidy amount.

Mr. Parasaran pointed out that another Bench of the apex court in the matter relating to food subsidy had directed that computerisation be linked to the Aadhar card for transfer of food subsidy.

Senior counsel Anil Divan, appearing for main petitioner Justice K.S. Puttaswamy, opposed the modification of the interim order. He said the petitioner would have to file a reply to the Centre’s application.

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A verifiable set of documents like PAN card, a driver's licence card, an Indian passport, a voter-id card or simply a dated specific letter from bank confirming identity and address of the account holder are all legal and valid documents for availing the LPG subsidy right at the consumer outlet even without direct transfer option or even requiring to possess an adhaar number or ration card.

Unless ofcourse the Government of India or the State Governments moves to de-recognise the above identity documents there is no reason to spend any more unbudgeted and unplanned amounts on the "ubitquitous" aadhar UID project without futher study and public / parliament discussion on the issue.

Have we not spent more than the amount of subsidy received on LPG on the incomplete implementation of the aadhar card already? How many lakh crores are budgeted for completing biometric capture and ongoing annual recurring cost for operation and maintenance of the same? To what ultimate savings?

from:  r n iyengar
Posted on: Oct 9, 2013 at 08:23 IST

Best brains should have pondered the subject in great deal before
embarking upon the colossal scheme involving huge funds? While political
leaders of the present era are inferior stuff in comparison with
Nehruvian era, learned advisers should have done no wrong. It would be
better to study the scheme critically once again and implement the best
so that nation is benefited. Think twice before act!

from:  Vyas K Susarla
Posted on: Oct 9, 2013 at 07:29 IST

UIDAI should not be made compulsory as it infringes on the personal privacy like Bank
Account . Ration card and voter's ID gives proof of address. UIDAI interferes into the state's
roll and the centre is trying to block the powers vested to the state in public distribution and
state election guide lines for voter ID. There appears to be political move in the whole affair .
I find post offices issue proof of address certificate after due verification and has limited
purposes The Govt must have re look on the issue and any move for ordinance route may
have wrath of the public.

from:  Suryanarayanan
Posted on: Oct 9, 2013 at 00:55 IST


Every one knows that whatever the Statutory Forms/cards/required to be issued by any Department of Government of India or State Governments are governed under any prevailing Laws of the land.It so happened,when I applied for renewal of Driving License in the jurisdictional Regional Transport Authority Office,I had enclosed a photo copy of Adhar card,to evidence my change in residential Address.Concerned Officer flatly refused and said that Adhar Card cannot be considered,since it is not a valid address proof,instead he demanded a certificate issued by Corporation, or voters ID. Where as for releasing LPG subsidy much hype was created by the Agency and the Banks to submit the Adhar card for crediting subsidy.I was wondering about the status of the Adhar card.Why our esteemed Babus in Government of India failed to support the card is really a mystery.Without the statutory support, how the Adhar card is being issued is really a shame on part of the Government.It is nothing but cheating

from:  S.Prakash
Posted on: Oct 9, 2013 at 00:13 IST

UIDAI should not be made compulsory as it infringes on the personal privacy like Bank
Account . Ration card and voter's ID gives proof of address. UIDAI interferes into the state's
roll and the centre is trying to block the powers vested to the state in public distribution and
state election guide lines for voter ID. There appears to be political move in the whole affair .
I find post offices issue proof of address certificate after due verification and has limited
purposes The Govt must have re look on the issue and any move for ordinance route may
have wrath of the public.

from:  Suryanarayanan
Posted on: Oct 8, 2013 at 22:23 IST

Supreme court is doing the gr8 work. How the government deprived any person from government scheme if he do not have adhar card.This was the foolish decision of government and yet again the Supreme court void it

from:  amit kumar
Posted on: Oct 8, 2013 at 22:16 IST

One wonders about the reason of introduction of scheme of AADHAAR card. I feel like wasted almost my day to get it done and feel sad about the amount of money spent on making them. Government and SC are creating paradox!

from:  Yonark bajaj
Posted on: Oct 8, 2013 at 21:48 IST

it should be manadatory for every citizen in India. I dont know why SC
is not able to understand the importance of AADHAR card (having unique
identity to every individual in the country)...Govt must provide
proper documentation to SC to show the importance and comparing it to
SSN in USA and other countries like UK, Canada.

i am thinking SC will also pass the rule
no ration card needed for ration such as rice, sugar, oil
no passport is required for foreginers to travel to India.

Suggestion: giving some to Govt for issueing these cards to everyone
is right decision..postpone the rule to have ADHAR card to everyone..

from:  Kumar
Posted on: Oct 8, 2013 at 21:34 IST

The government claims that Aadhaar scheme is only voluntary and yet
argues that Aadhaar number is mandatory for credit of gas subsidy. How
can both be correct? It is good that the Supreme Court is not willing to
be browbeaten.

from:  K.R.Srivarahan
Posted on: Oct 8, 2013 at 21:34 IST

good that the government is forced not to force anything on innocent
people of india for nothing and for its own benefit (afterall why should
Nilekanni get so many benefits and so many contracts). let the Govt.
ensure a foolproof system by arranging for the ration card or census to
all the people in small villages. i know how difficult it is in a place
like thiruanndakudu,umayalpuram,ganapathiagraharam etc. and the small
villages inside that area where there are no train facilities or any
amenities like hospitals (even primary health centres!) etc.

from:  n.ramaswami
Posted on: Oct 8, 2013 at 21:30 IST

The Government before implementing the Aadhaar scheme widely should have given a mandatory order informing citizens about the importance of the Aadhaar number. Instead the government went on implementing it even though it was just optional for the common man. There were apprhensions about the scheme but Government didn't resort to aolve it.

from:  GIRIJAVALLABHAN NAIR T
Posted on: Oct 8, 2013 at 19:51 IST

At present the Aadhaar card is the most secure ID proof. No other system takes the finger prints and eye scan. Thousands of dubious gas connections have been disabled following Aadhaar linking. Duplicate PAN cards, passports, ration cards, benami transactions etc can all be stopped if the number is linked with these services. As far as misuse is concerned, it is least amenable to misuse and in any case with advancement in technology even CCTV photographs can be misused. I just cannot understand the objection the SC has to the issue.

from:  Bhupender
Posted on: Oct 8, 2013 at 19:37 IST

In Hyderabad,Indane charges Rs1092/- but credited Rs435/ only as subsidy
though actual cost of a cylinder is Rs412/-with Rs 680/- being the
subsidy.I fail to know who will pay the balance Rs245/- to my account
which is linked to Adhaar card.

from:  N Kumaraswamy
Posted on: Oct 8, 2013 at 19:21 IST

Sad day for automation and a genuine cause to root out corruption. Our
judiciary is still old school and taking medieval decisions.

Without automation - without removing paper work - we will never be
able to root out corruption. As long as a govt official can get his
hands on something, he will.

Imagine a system where subsidies hit the aadhar card bank accounts
straight from treasury - no delay - less govt official's involved!

If we want to start such a method only after 100% people are
registered, please do wait for another 1000 years.

from:  santosh
Posted on: Oct 8, 2013 at 19:17 IST

What mechanisms are in place to check whether the benefit passed in the name of a particular UID has reached the concerned beneficiary ?
Do banks have the wherewithal to do the fingerprint screening and iris scan and match it with the UIDAI data? If only numbers are being used, then ,be wary, as we have great many Natwarlals in every sector including banking to siphon the money.

from:  sunit
Posted on: Oct 8, 2013 at 19:11 IST
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