Aadhaar Case: Supreme Court Raps West Bengal Government; Asks Mamata To File Plea As Individual

Aadhaar Case: Supreme Court Raps West Bengal Government; Asks Mamata To File Plea As Individual
Mamata Banerjee, chief minister of West Bengal, walks through the streets during an election rally. (Photographer: Prashanth Vishwanathan/Bloomberg)

The Supreme Court today questioned the Mamata Banerjee-led West Bengal government's petition challenging the mandatory linking of Aadhaar to various schemes as per notifications issued under the Aadhaar Act.

How can a state challenge a law passed by Parliament, the court asked. Provisions of the Act must be challenged in an individual capacity, a two-judge bench, headed by justice A Sikri said while hearing the West Bengal government's petition.

Let [Chief Minister] Mamata Banerjee come in individual capacity and challenge the Act.
Supreme Court Bench 

The West Bengal government had challenged this provision of the Act, which says that without Aadhaar, the benefits of social welfare schemes would not be extended.

The Counsel for the state's government Senior Advocate Kapil Sibal informed the court that it is the labour department and not the state of West Bengal, which has approached the court. The state government thereafter agreed to amend its petition and focus on seeking relief on the specific issue of the need to link Aadhaar to avail of government subsidies.

Aadhaar-Mobile Linkage

In a separate plea challenging the linking of cell phones with Aadhaar, the top court today issued a notice to the Centre, asking it file a reply within four weeks. This was in response to an individual plea and not a government petition.

Also Read: Government, Bank Staff To Biometrically Sign Off Aadhaar Enrolment

At a party meeting in Kolkata on October 25, Banerjee had also opposed the linking of Aadhaar with mobile phone number, saying: “Aadhaar number should not be linked with one's mobile phone. I will not link my Aadhaar number with my mobile even if my connection is snapped.”

With PTI inputs.

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