New Delhi: The Supreme Court on Monday sought the response of the central government of India on a plea challenging the mandatory linking of mobile phones with Aadhaar.
Aadhaar is a 12-digit unique identification number issued by the Indian government to every individual resident of India.
A bench of Justice A.K. Sikri and Justice Ashok Bhushan gave the Centre four-weeks time to respond.
The court also gave time to the West Bengal government to amend its petition questioning the linking of Aadhaar for giving of subsidy by the state's Labour Department.
It observed: "how could state government challenge a law passed by the Centre?"
The court said West Bengal Chief Minister Mamata Banerjee could challenge the Aadhaar law as an "individual" and a "citizen".
However, it also observed that "this way Centre would start challenging the laws passed by the States".
At a glance: the lowdown on Aadhaar
On Monday, October 30, India's Supreme Court pulled up West Bengal state for its plea which questioned the Centre’s decision to make the 12-digit biometric Aadhaar number mandatory for availing social benefits.
The apex court said the case was against the federal structure.
On October 28, the West Bengal government filed a petition challenging India’s union government over Aadhaar, specifically against the order approved by the Indian parliament to link various welfare schemes to Aadhaar.
“In a federal state, how can one state government challenge a law passed by Parliament. There is no doubt it (Aadhaar) needs examination but the prayer can’t be entertained,” a bench of justice AK Sikri and justice Ashok Bhushan said.
The petition violated federal structure, the court said, adding, “Tomorrow the Centre can challenge a law passed by the state.”
The Aadhaar law has been challenged on various grounds, including violation of privacy.
The Mamata Banerjee government’s plea is the latest against Aadhaar.
But the cour said: “Let Mamata Banerjee come and file a plea as individual. We will entertain it as she will be an individual.”
Senior lawyer Kapil Sibal, who appeared for the Bengal government, said they would amend the petition.
