PAN-Aadhaar linkage does not help curb scams: Lawyer to SC

A lawyer today opposed the seeding of Aadhaar with the Permanent Account Number (PAN) for income tax in the Supreme Court, saying in no way does it help in preventing financial frauds or curb black money.

Arguing before a five-judge constitution bench headed by Chief Justice Dipak Misra, which is hearing a clutch of petitions challenging Aadhaar and its enabling 2016 law, the lawyer referred to various recent financial frauds including the Nirav Modi scam and said none of these could have been avoided by using PAN-Aadhaar linkage.

"Firstly, giant corporates, rather than individual players, have been the main actors in these scams. Secondly, black money is widely known to be stored by the corrupt in foreign banks which are beyond the reach of Aadhaar," lawyer Gopal Sankaranarayanan, representing NGO 'Centre for Civil Society', said.

However, the Supreme Court did not agree with his submission that Aadhaar was voluntary and said if a person wanted to avail subsidy benefits, then he or she will have to possess the 12-digit unique identifier.

The bench, also comprising Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, said "Section 7 of the Aadhaar Act is not voluntary. Someone who wants subsidies will have to have Aadhaar."
"Individual Income Tax PAN holders (non-corporates)" are targeted by the State by making Aadhaar compulsory, he said, adding "with respect to financial scams, the problem was dummy companies, not individuals. Yet, the companies are not targeted."