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Aadhar News – High Court Stays giving Aadhar a Mandatory Status

Aadhar Card is a 12-digit Unique Identification number issued to the citizens of India by the Unique Identification Authority of India (UIDAI) which is under the authority of the Central Government and has the responsibility of issuing Aadhar Cards to the citizens. Aadhar Card is a centralized database of demographic and biometric data; this Card can be used for identification and verification purposes throughout India. There has been a lot of debate on the status and authenticity of the Aadhar Card recently, The Jammu and Kashmir High Court stayed the Government’s controversial order that makes Aadhar Card Mandatory. Read about this Aadhar News in detail below.

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AADHAR NEWS – HIGH COURT STAYS GIVING MANDATORY STATUS TO AADHAR CARDS

A division bench of the Jammu and Kashmir High Court headed by Justice M H Attar and Justice A M Magrey stayed the state government’s operation 35-F-2016 and asked for a reply from the concerned authorities within a week.

The Governor of Jammu and Kashmir issued the operations wherein Aadhar Card became compulsory for the individual for drawing the benefits of entitlements from the pension of the pensioners to the salary of the Government employees. The stay order of the Jammu and Kashmir High Court came on a Public Interest Litigation or PIL filed by advocate Syed Musaib contending that the Governor’s order was arbitrary and was going against the directions of the Supreme Court, the highest law of the land.

AADHAR NEWS – DIRECTIONS OF THE SUPREME COURT

To provide you with some background on the directions of the Supreme Court, last year, the Supreme Court issued an order saying that the Government cannot deny any services except the PDS scheme and particularly the distribution of foodgrains, etc, and cooking fuel, such as kerosene or the LPG distribution scheme,  to the citizens of the state if they do not have Aadhar Card.

Citizens can reap the benefit of any services and schemes of the government on the sole fact that they are the citizens of India and the use of Aadhar Card is only voluntary.

The apex court also referred the petitions to as constitutional bench deciding the issue of the right to privacy, whether it forms a part of the constitutional rights or no.

CLAIMS OF THE PETITIONER SYED MUSAIB

As mentioned above, the Public Interest Litigation (PIL) was filed by advocate Syed Musaib contending that the Governor’s order to use the Aadhar Card compulsorily for withdrawal of basic benefits which are due to the citizen was in a way autocratic. Musaib claims that the operation of the Government goes against the directions issued by the Supreme Court and doing so is prohibited by the Constitution of the country. Musaib said,”The Supreme Court also asked the government to widely publicize in print and electronic media that Aadhar is not mandatory for any welfare scheme”.

Musaib also added saying even as the issue was pending in the Supreme Court the state government issued the order asking the employees and pensioners to register themselves in the Aadhar based system or else they will be unable to reap the benefits of their legal entitlements from April. He also contended that there is only 46.9 percent Aadhar enrollment in the state, lowest in India.

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