No deadline for linking Aadhaar card to services says SC: Top developments

Supreme Court judgement on Aadhaar card: The Supreme Court on Tuesday extended the March 31 deadline for mandatory linking of Aadhaar to avail various services and welfare schemes run by the government till its constitution bench delivered its verdict on the validity of the 12-digit biometric number and its enabling law.

A five-judge Constitution bench headed by Chief Justice Dipak Misra extended the deadline after the Centre said it had already submitted that they were ready to extend the March 31 deadline for linking of the national biometric identifier with all services and welfare schemes.

"We direct that the March 31, 2018, deadline for linking of Aadhaar with various services and welfare schemes stand extended till the matter is heard and judgement is pronounced by the constitution bench," the bench also comprising Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan said.

The extension of deadline would also apply on the mandatory linking of Aadhaar with the bank accounts and mobile phone numbers.

The constitution bench is hearing a batch of petitions which have challenged the constitutional validity of Aadhaar and its enabling Act.

On March 6, Attorney General K K Venugopal had indicated to the bench that the Centre was willing to extend the March 31 deadline in the wake of prolonged hearing of the matter.

On December 15 last year, the apex court had extended till March 31 the deadline for mandatory linking of Aadhaar with various services and welfare schemes.

If you haven't linked your Aadhaar to your mobile number or bank account yet, this might come as a relief. 

The Constitution Bench, headed by Chief Justice Dipak Misra, hearing a bunch of petitions against the Aadhaar law, was informed by Attorney General K K Venugopal that the Centre had extended the deadline in the past, too, and that it could do so again. 

"If required, we can do it again," Venugopal said, after petitioners challenging the constitutional validity of the Aadhaar scheme sought an extension of the deadline to link the 12-digit unique identity number with various government schemes and services. 

The petitioners, for their part, said that the deadline was approaching and the case was unlikely to be decided by March 31.

On December 15, 2017, the apex court had directed that the deadline for the linking of Aadhaar with bank accounts and mobile phones be extended until March 31.

The Constitution Bench is hearing challenges to the constitutional validity of the Aadhaar scheme on the touchstone of the fundamental right to privacy on a bunch of petitions by former Karnataka High Court Judge K S Puttuswamy, Magsaysay awardee Shanta Sinha, feminist researcher Kalyani Sen Menon, and others.

The UIDAI, however, has said the requirement of Aadhaar for opening new bank accounts or applying for Tatkal passports will continue, while the deadline for linking it to existing bank accounts and PAN has been extended by the Supreme Court. 

"As per the Supreme Court's order dated 13th March 2018, the requirement of Aadhaar for opening new bank accounts and applying for Tatkal passports under the relevant laws continues," the Unique Identification Authority of India (UIDAI).

What does Aadhaar deadline extension mean to you?

Over the last two weeks, mobile phone cellular service providers and banks have been messaging its clients to link one’s Aadhaar to their account or mobile phone. The order makes it clear that one does not have to link it until the Supreme Court passes its verdict in the case. So, for now, you can continue to ignore those messages.

Know SC order in 5 points

1. The deadline for linking Aadhaar with mobile phones and bank accounts has been extended indefinitely

2. The SC said that its interim order will remain in force till further verdict

3. The apex court had last year extended the deadline to March 31

4. "The government cannot insist for mandatory Aadhaar even for issuance of Tatkal passport," the Supreme Court said

5. However, has made it clear that Aadhaar will be required for subsidies and benefits under Section 7 of the Constitution

Social Security schemes that come under Aadhaar ambit are:

In Pradhan Mantri Ujjwala Yojana

This flagship scheme launched by the Modi government aims to provide free LPG connection to below poverty line (BPL) families. The scheme uses Aadhaar to verify the claim of the beneficiary and to transfer the subsidy amount.

For digital payments

The Unified Payment Interface and the recently launched BHIM app support Aadhaar based money transfer. The IDFC Bank has recently rolled out Aadhaar Pay, where the customer’s fingerprint is used to pay the merchant.

In Direct Benefit Transfer

The first major rollout of Aadhaar based service was Direct Benefit Transfer (DBT), a mechanism to hand over the subsidy and welfare amount directly to the beneficiary’s bank account, instead of the existing practice of giving banker’s cheque or cash.

As of today 92 centrally-sponsored schemes from 19 Ministries are implemented through DBT. The prominent among them are PAHAL for LPG subsidy, cash transfer of food subsidy and MGNREGA.

Others are:

Indira Gandhi National Disability Pension Scheme

Indira Gandhi National Old Age Pension Scheme

Indira Gandhi National Widow Pension Scheme

Mahatma Gandhi National Rural Employment Guarantee Scheme

Pradhan Mantri Awas Yojna (Grameen)

BSR Doctoral Fellowship in Sciences

Dr. S. Radharkrishnan Post Doctoral Fellowship In Humanities

Emeritus Fellowship

Kothari Post Doctoral Fellowship in Sciences

National Research Professorship

Ishan Uday Scholarship Scheme for North Eastern Region

National Eligibility Test-Junior Research. Fellowship

P.G. Indira Gandhi Scholarship for Single Girl Child

P.G. Scholarship for Professional Courses for SC or ST candidates

P.G. Scholarship for University Rank Holders

PG Scholarship for GATE qualified PG Students

PMSSS for J and K Students admitted in rest of India

Post Doctoral.Fellowship for Women

Post- Doctoral Fellowship for SC or ST Candidates

Pragati Scholarship for girls Diploma Institutes

Pragati Scholarship for girls in Degree Colleges

QIP for faculty deputed for PhD studies at QIP centers

Saksham Scholarship for differently abled students of Degree College

Saksham scholarship for differently abled students of Diploma Institutes

Scholarship To Universities /College Students

Swami Vivekananda Single Girl Child Scholarship

Artistes Pension Scheme and Welfare Fund

Finacial assistance for the preservation and development of Himalayan Cultural Heritage for Himalaya

Financial Assistance for the Cultural Function Grant SchemeCFGS

Financial Assistance for the development of Buddhist / Tibetian Organizations

Financial Assistance to Cultural Organization

International Cultural Relation

Production Grant

Repertory Grant Scheme

Scheme for the Award of Fellowship to outstanding persons in the field of Culture

Scheme for Scholarships to Young Artistes in different cultural fields

Tagore National Fellowship for Cultural Research

Artistes Pension Scheme and Welfare Fund

Finacial assistance for the preservation and development of Himalayan Cultural Heritage for Himalaya

Financial Assistance for the Cultural Function Grant Scheme

Financial Assistance for the development of Buddhist / Tibetian Organizations

Financial Assistance to Cultural Organization

International Cultural Relation

Production Grant

Repertory Grant Scheme

Scheme for the Award of Fellowship to outstanding persons in the field of Culture

Scheme for Scholarships to Young Artistes in different cultural fields

Tagore National Fellowship for Cultural Research

Maternity Benefit Programme

Inclusive Education for Disabled at Secondary Stage

National Means Cum Merit Scholarship

National Scheme For Incentive For The Girl Child For Secondary Education

Maulana Azad National Fellowship

Merit Cum Means Scholarship For Minorities

Post Matric Scholarship Scheme For Minorities

Pre Matric Scholarship Scheme For Minorities

Housing Subsidy To Beedi Workers

Housing Subsidy To Iron/Manganese/Chrome Ore Workers

Housing Subsidy To Lime Stone and Dolomite LSDM Workers

Rehabilitation Assistance

Scholarship To The Children of Lime Stone and Dolomite LSDM Workers

Scholarship To The Children of Beedi Workers

Scholarship To The Children of Cine Workers

Scholarship To The Children of Iron/Manganese/Chrome Ore Workers

Stipend to children in the special schools under the National Child Labour Project

Stipend to Differently Abled Candidates under Scheme of Vocational Rehabilitation Centre

Stipend To Trainees Under The Scheme Of Welfare Of SC/ST Job Seekers

Post-matric Scholarship for Persons with Disabilities

Pre-matric scholarship for Persons with disabilities

Rajiv Gandhi National Fellowship for students

Scholarship for Top Class Education

Janani Suraksha Yojana

Aam Aadmi Bima Yojana

Life Insurance-linked with Jan Dhan Yojana

Assistance for procurement of modified scooter

Assistance for purchase of Tool Kits

Assistance for treatment of cancer and dialysis

Assistance for treatment of listed serious diseases

Interest subsidy on home loan upto max 1 lakh

Prime Minister Scholarship Scheme

Cash Transfer of Food Subsidy