Aadhaar can't be made mandatory for social welfare schemes, says SC

Bench observed that government can make scheme compulsory for services like opening of bank accounts

The Supreme Court clarified on Monday that the Aadhaar card cannot be made mandatory for welfare schemes, reiterating its stand on the issue for the past two years. 

The Bench, presided over by Chief Justice J S Khehar, observed that the government can make the scheme compulsory for other services like opening of bank accounts or filing income tax returns. He made these observations when some petitioners who had challenged the scheme wanted an early hearing of their cases. Their main objection is that information collected in the card was available to third persons, and they might misuse them. It was against the right to privacy. Senior counsel Shyam Divan also pointed out that it was being enforced in all sectors and this might even amount to contempt of court.

The Bench also said a seven-judge Bench needed to be constituted for authoritatively deciding a batch of petitions challenging the Aadhaar scheme on grounds, including that it infringes on the Right to Privacy of citizens.

Delinking act

The apex court on August 11, 2015, had said  Aadhaar card will not be mandatory for availing benefits of govt’s welfare schemes  

On October 15, 2015, however, it had lifted its earlier restriction and permitted the voluntary use of Aadhaar cards in welfare schemes 

Recently, the govt had linked Mid Day Meal Scheme with Aadhaar

The Bench also said  a seven-judge Bench needed to be constituted for authoritatively deciding a batch of petitions challenging the 

Aadhaar scheme 

It, however, expressed inability in setting up of the seven-judge Bench saying it would be decided at a later stage.

The apex court on August 11, 2015 had said that Aadhaar card will not be mandatory for availing benefits of government's welfare schemes and barred the authorities from sharing personal biometric data collected for enrolment under the scheme. However, on October 15, 2015, it had lifted its earlier restriction and permitted the voluntary use of Aadhaar cards in welfare schemes that also included MGNREGA (Mahatma Gandhi National Rural Employment Guarantee Act), all pension schemes and the provident fund besides ambitious flagship programmes like ‘Pradhan Mantri Jan-Dhan Yojana’ of the National Democratic Alliance government.  A five-judge Bench, headed by then Chief Justice H L Dattu, had also put a caveat in its interim order for the Centre and said, “We also make it clear that Aadhaar card scheme is purely voluntary and not mandatory till the matter is finally decided by this court, this way or the other way.”