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Aadhar and supreme court rulings

The Supreme Court has previously given a clear judgment that  Aadhaar ought not to be made mandatory for welfare schemes. The Chief Justice of India, J.S. Khehar believes that Aadhaar can be pressed as long as it is not a benefit, like opening a bank account on the basis of Aadhaar or for securing a permanent account number (PAN) and consequently for filing income tax return.

The government is increasingly making Aadhar mandatory for a variety of government schemes most of them pertaining to providing some benefit to the targeted group of people. And to top that, Supreme Court doesn t have time to entertain  the petitions challenging Aadhaar. As there is substantial confusion on whether the Constitution guaranteed citizens a right to privacy, the case had to be placed before a larger bench.  

There is still no clarity on whether the acts of government in extending the use of Aadhaar constitutes a contempt of the court s previous orders. Citizens preferring to stay on safer side have increasingly enrolled for Aadhar which can be seen in millions more submitting their biometric data.

It is important that  the question whether a law is valid or not be decided at the earliest moment. The dangers lies in uncertainties in  its validity  which will lead to greater hardships. Currently, the issues like  the legality of WhatsApp s privacy policy and the validity of triple talaq and polygamy as practised among Muslims have taken  precedence over Aadhaar.  The Supreme Court needs to protect its image of remianing a bulwark of freedom and democracy.


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