New Delhi: The new law making Aadhar card mandatory for filing income-tax returns from the assessment year 2017-18 is unconstitutional, senior counsel Shyam Divan told the Supreme Court on Friday.
Making this submission before a bench of Justices A.K. Sikri and Ashok Bhusha, Mr Divan, appearing for S.G. Vombarkere, said the Aadhar law by its design is voluntary and creates a right in favour of a resident without imposing any duty.
The petition questioned the introduction of Section 139 AA in the Income Tax Act to link Aadhaar card with PAN card.
It said there is no compulsion under the Aadhar Act to enrol or obtain a number. If a person chooses not to enrol for Aadhaar card he or she may be denied access to certain benefits and services.
Mr Divan argued that a person cannot be compelled by another law to waive free consent so as to alter the voluntary nature of enrolment mandatory.
By visiting those people who do not have an Aadhar number with severe consequences, the object of the provisions of the new I-T law is itself discriminatory and violates Article 14 of the Constitution, said the petition.
