Govt extends deadline for Aadhaar link to March 31

New Delhi: The Centre on Wednesday informed the Supreme Court that it would extend the deadline for mandatory linking of the Aadhaar card to avail of banking and other social security benefits from December 31, 2017 to March 31, 2018. In August, a nine-judge bench had held the right to privacy as a fundamental right, and referred the validity of petitions for a fresh hearing to a three-judge bench and a bunch of petitions challenging the validity of the Aadhaar law is pending adjudication.

On Wednesday, attorney-general, K.K. Venugopal made a “mention” before a bench of Chief Justice Dipak Misra and Justices A.M. Kanwilkar and D.Y. Chandrachud that the government was prepared to extend the time limit till March 31, 2018 for the mandatory linking of Aadhaar as also to those who don’t have an Aadhaar card to obtain the same.

The attorney-general made this submission when senior counsel Shyam Divan, appearing for the petitioners, had sought an early hearing on some petitions challenging the validity of Aadhaar being made mandatory for a host of schemes. Mr Divan argued that the government must give an assurance that no coercive action would be taken for non-linking of Aadhaar. He wondered how the government could compel anyone to link Aadhaar for various services.

Mr Divan urged the court to stay various notifications under the Prevention of Money Laundering Act to link the Aadhaar card with bank accounts. Pointing out that several complaints had been received about the hacking of accounts after Aadhaar was linked, he prayed for a stay of the notifications.

Senior counsel Arvind Datar and other counsel brought to the court’s notice that the CBSE had issued a recent circular that unless a student possessed an Aadhaar card, he/she would not be given an admit card to take the exam in March next year. Mr Divan said: “A student cannot take his exam without Aadhaar, and this is the state of affairs in the country.” When counsel pressed for an urgent hearing in November, the attorney-general said he was prepared for an early hearing before a five-judge Constitution Bench.

The A-G said no services, that were otherwise available, would be denied for non-linking of Aadhaar and added that the committee headed by former Supreme Court judge B.N. Srikrishna was likely to submit its report on data protection in February 2018, and thereafter a law would be enacted.

Justice Chandrachud, who was part of the nine-judge bench, pointed out that the Centre had agreed to come out with a law on data protection, and that every country had such a law.  He said: “The court must protect its citizens, and for this we must have a proper law on data protection. We cannot rush through with the hearing.”

The CJI observed that since the deadline was being extended upto March 31, 2018, there should not be any apprehension, but when he wanted an assurance from the A-G that no coercive steps would be taken for non-linking of Aadhaar, the A-G said he would take instructions. The bench posted the matter for further hearing on October 30.

The petitioners contended that the biometric data and iris scan being collected for issuance of the Aadhaar card violated the fundamental right to privacy of citizens as personal data was not protected, and was vulnerable to exposure and misuse. While opposing the relaxation of the order, it was argued that the Aadhaar card was an invasion of privacy and a violation of basic human rights. They challenged various notifications issued by the Centre insisting on Aadhaar card to avail of various benefits, including the noon meal scheme, scholarships, admissions, domestic air travel, mobile phone, etc.