2017 (12) TMI 781 - SC - Indian Laws

Interim releif - The primary submission of the petitioners is that in terms of the interim order of the Constitution Bench (i) Aadhaar Cards could permissibly be utilized only for six schemes (two of them provided for in the order dated 11 August 2015 and four in the order dated 15 October 2015); (ii) the Union Government was directed to strictly follow the earlier orders of this Court commencing from 23 September 2013; and (iii) the Aadhaar card scheme was to be purely voluntary and could not be made mandatory until the matter is finally decided by this Court. Held that - As regards Aadhaar based E-KYC for mobile phone subscribers, the process of completing the E-KYC process is to be completed by 6 February 2018. The Union government informs the Court, that consistent with the extension of the deadline to 31 March 2018 in other cases, this Court may consider passing appropriate orders - we accept the statement of the learned Attorney General for India and order accordingly. With regard to third issue, subject to the submission of the details in regard to the filing of an application for an Aadhaar card and the furnishing of the application number to the account opening bank, we likewise extend the last date for the completion of the process of Aadhaar linking of new bank accounts to 31 March 2018. We extend the date for the completion of the E-KYC process in respect of mobile phone subscribers until 31 March 2018 - petition disposed off.

Summary

Issues Involved:
Interim relief based on earlier court orders regarding Aadhaar cards, mandatory nature of Aadhaar linking, paramountcy of the Court, justification of interim orders post Aadhaar Act, 2016, importance of resolving issues promptly, extension of Aadhaar linking deadlines, E-KYC process for mobile subscribers, application to new bank accounts, application to state governments, applicability of Income Tax Act, 1961 provisions, continuation of interim arrangement.

Analysis:

1. Interim Relief based on Earlier Court Orders:
The petitioners sought interim relief based on previous court orders, specifically highlighting that Aadhaar cards could only be used for six schemes as per the Constitution Bench's interim order. The Union Government was directed to adhere strictly to earlier court orders, ensuring the voluntary nature of the Aadhaar scheme until a final decision by the Court.

2. Mandatory Nature of Aadhaar Linking:
The obligation of the Union government to vary the interim directions post the Aadhaar Act, 2016 enactment was emphasized. The argument revolved around the necessity to seek variation before making Aadhaar linking mandatory for all purposes, especially concerning the Unique Identification Number/Aadhaar card.

3. Paramountcy of the Court and Judicial Process:
The paramountcy of the Court and the judicial process was a crucial aspect highlighted by the senior counsel. The interim orders were perceived as a means to protect citizens against compulsion, ultimately safeguarding their fundamental rights.

4. Justification of Interim Orders Post Aadhaar Act, 2016:
The Attorney General contended that post the enactment of the Aadhaar Act, 2016, the interim orders should not impede the enforcement of the law. He stressed the need for each notification's reasonableness to be justified by the respective department.

5. Importance of Prompt Issue Resolution:
Given the significance of the raised issues, the Court aimed to resolve them promptly, especially after a judgment by nine Judges. The decision to commence the final hearing in January 2018 was agreed upon by all parties involved.

6. Extension of Aadhaar Linking Deadlines:
The Court extended the deadline for Aadhaar linkage with various schemes and bank accounts until 31 March 2018. Specific provisions were made for existing and new bank accounts, as well as Aadhaar-based E-KYC for mobile phone subscribers.

7. Application to State Governments and Income Tax Act, 1961:
The extension of Aadhaar linking deadlines was directed to apply not only to Union government schemes but also to all state governments. Additionally, the judgment clarified the applicability of Section 139 AA of the Income Tax Act, 1961, based on a previous court ruling.

8. Continuation of Interim Arrangement:
The interim arrangement governing the field was to continue until the final disposal of the proceedings before the Constitution Bench, ensuring the smooth operation of the directives issued by the Court.

This detailed analysis encapsulates the key issues addressed in the Supreme Court judgment regarding Aadhaar cards, interim relief, mandatory linking, and the extension of deadlines, providing a comprehensive overview of the legal complexities involved.