Aadhaar Linking Deadline Extended: Supreme Court’s Interim Order on Privacy and Mandatory Compliance

The Supreme Court of India delivered a crucial order in the case of Justice K.S. Puttaswamy (Retd.) & Anr. vs. Union of India & Ors., addressing concerns regarding the mandatory linkage of Aadhaar with various services. The order was part of a larger legal battle questioning the constitutionality of the Aadhaar scheme in light of the right to privacy. The Supreme Court extended the deadline for Aadhaar linkage and reaffirmed its previous stance that the Aadhaar scheme could not be made mandatory while the matter remained under judicial review.

Background of the Case

The case arose from multiple petitions filed against the mandatory requirement of Aadhaar for availing government benefits and financial services. The petitioners challenged the legality of the Aadhaar scheme under the newly recognized fundamental right to privacy, following the landmark K.S. Puttaswamy judgment (2017), which declared privacy as a fundamental right under Article 21 of the Constitution.

Petitioners’ Arguments

• The petitioners, represented by senior advocates, argued that the Aadhaar scheme was originally voluntary and could not be imposed as a mandatory requirement.
• They cited previous interim orders of the Supreme Court from 23 September 2013, 24 March 2014, 16 March 2015, 11 August 2015, and 15 October 2015, which had upheld Aadhaar as a voluntary scheme.
• The petitioners contended that despite these orders, the government had expanded Aadhaar’s scope and made it mandatory for availing essential services, violating the court’s directives.
• They emphasized that Aadhaar’s mandatory linkage violated fundamental rights, especially the right to privacy, and created hurdles for citizens in accessing government schemes.
• The petitioners sought an immediate halt to the mandatory linking of Aadhaar with bank accounts and mobile numbers.

Respondents’ Arguments

• The Attorney General of India, representing the Union government, argued that the interim orders were issued before the enactment of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, and that a new legal framework now governed Aadhaar.
• The government maintained that Aadhaar was essential for ensuring transparency and eliminating fraudulent beneficiaries in welfare schemes.
• The Attorney General assured the court that citizens would not be denied benefits due to non-linkage of Aadhaar.
• Senior counsel for the Unique Identification Authority of India (UIDAI) contended that Aadhaar was a robust and secure identity authentication system, reducing the risk of fraud.

Supreme Court’s Observations

A five-judge bench of the Supreme Court, comprising Chief Justice Dipak Misra and Justices A.K. Sikri, A.M. Khanwilkar, D.Y. Chandrachud, and Ashok Bhushan, considered the arguments and issued interim directions.

On the Legality of Mandatory Aadhaar:

“The Aadhaar scheme was initially voluntary, and no person shall be compelled to furnish Aadhaar details for services where it is not statutorily mandated.”

On Government’s Authority to Enforce Aadhaar:

“After the enactment of the Aadhaar Act, 2016, the government may implement Aadhaar-linked services, but such measures must not violate previous judicial pronouncements.”

On Fundamental Rights and Privacy:

“The right to privacy, as upheld in K.S. Puttaswamy, must be balanced against the state’s interest in ensuring transparency and eliminating fraud. However, coercion in enforcing Aadhaar linkage raises constitutional concerns.”

Final Directions

The Supreme Court extended the deadline for Aadhaar linkage with various services and provided the following reliefs:

• The deadline for linking Aadhaar with all government schemes was extended to 31 March 2018.
• For bank accounts, existing account holders were given time until 31 March 2018 to complete Aadhaar linkage.
• New bank account holders were required to furnish proof of Aadhaar application while opening accounts, but Aadhaar submission was not mandatory until 31 March 2018.
• The deadline for mobile phone subscribers to complete Aadhaar-based e-KYC verification was extended to 31 March 2018.
• The Aadhaar extension applied uniformly across all states and to all central government ministries and departments.

Key Takeaways

• The Supreme Court maintained its earlier stance that Aadhaar could not be made mandatory until the final decision of the Constitution Bench.
• The extension of the Aadhaar deadline provided immediate relief to individuals facing service disruptions due to non-linkage.
• The judgment reaffirmed the balance between the government’s objectives in promoting Aadhaar and the citizen’s right to privacy and choice.
• The case remained pending for final adjudication by the Constitution Bench, with a hearing scheduled to commence on 17 January 2018.

This interim order provided crucial relief while awaiting a final ruling on the constitutional validity of the Aadhaar scheme.

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Download Judgment: Justice K.S. Puttasw vs Union of India & Ors Supreme Court of India Judgment Dated 15-12-2017.pdf

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