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Justice K.S Puttaswamy (Retd.) And Anr. Petitioners v. Union Of India And Ors. S
Factual and Procedural Background
The petitioners seek interim relief in an ongoing batch of cases concerning the constitutionality of the Aadhaar programme. Earlier interim orders of the Supreme Court—beginning on 23-9-2013 and most recently on 15-10-2015—permitted the use of Aadhaar only for six specific welfare schemes and declared the scheme voluntary pending final adjudication. After Parliament enacted the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, the Union Government began issuing notifications mandating Aadhaar linkage for numerous services, prompting the present request for interim protection until the constitutional questions are finally decided by a Constitution Bench.
Legal Issues Presented
- Whether, notwithstanding prior interim orders limiting compulsory use of Aadhaar, the Union Government may enforce mandatory Aadhaar linkage after the passage of the Aadhaar Act, 2016, without first seeking variation of those orders.
- What interim arrangement should govern Aadhaar linkage deadlines for government schemes, bank accounts, and mobile phone services while the constitutional challenge awaits final hearing.
Arguments of the Parties
Petitioners' Arguments
- The interim order dated 15-10-2015 remains operative; any expansion of mandatory Aadhaar usage requires prior modification by the Court.
- Making Aadhaar compulsory before final adjudication undermines the Court’s authority and citizens’ fundamental rights.
- Various counsel highlighted different facets supporting a continued voluntary regime pending the Court’s decision.
Respondents' (Union Government and UIDAI) Arguments
- The interim directions were issued when no statutory framework existed; the Aadhaar Act, 2016 supplies such a framework, removing impediments to mandatory linkage.
- Each government notification is subject to a reasonableness test, which individual departments must satisfy.
- The Government nevertheless proposed extending all current linkage deadlines to 31-3-2018 while the case is pending.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Orders dated 23-9-2013, 24-3-2014, 16-3-2015, 11-8-2015 (2015) 8 SCC 735, and 15-10-2015 (2015) 10 SCC 92 | Interim directions restricting compulsory use of Aadhaar to six specified schemes and affirming its voluntary nature. | Form the basis of petitioners’ contention that Aadhaar cannot be mandated without varying these orders. |
| Justice K.S. Puttaswamy (Right to Privacy), 24-8-2017 (2017) 10 SCC 1 | Recognition of privacy as a fundamental right. | Cited to emphasise the importance of resolving Aadhaar issues expeditiously. |
| Lokniti Foundation v. Union of India, (2017) 7 SCC 155 (order dated 6-2-2017) | Fixed 6-2-2018 as the deadline for completing Aadhaar-based e-KYC for mobile subscribers. | Used as reference point; Court extends this deadline to 31-3-2018. |
| Binoy Viswam v. Union of India, (2017) 7 SCC 59 | Interpretation of Section 139-AA, Income Tax Act, 1961 (linkage of PAN with Aadhaar). | Court clarifies that issues under Section 139-AA remain governed by this judgment and are unaffected by the present order. |
Court's Reasoning and Analysis
Recognising the nationwide significance of the Aadhaar controversy and the need for certainty, the Court scheduled final hearing for 17-1-2018 with the consent of all counsel. Pending that hearing, the Court considered the Union Government’s proposal to extend existing linkage deadlines. Finding the proposal reasonable and noting that it would protect citizens from immediate exclusion while allowing governmental functions to continue, the Court accepted and formalised the extensions:
- All Aadhaar linkage deadlines for Union Government schemes and for existing bank accounts extended to 31-3-2018.
- For new bank accounts, linkage may be completed by 31-3-2018, provided applicants furnish proof of having applied for Aadhaar.
- The deadline for Aadhaar-based e-KYC for mobile subscribers likewise extended to 31-3-2018.
- These extensions apply mutatis mutandis to State Governments.
- Matters relating to Section 139-AA of the Income Tax Act remain governed by Binoy Viswam.
Holding and Implications
Interim deadlines for all Aadhaar linkages are extended to 31-3-2018, and the batch of constitutional challenges is listed for final hearing on 17-1-2018.
Implications: The order temporarily shields citizens from immediate mandatory linkage while preserving the Government’s administrative timeline. It sets no final precedent on the legality of compulsory Aadhaar, leaving that substantive determination to the forthcoming Constitution Bench hearing.
Dr D.Y. Chandrachud, J.— We have heard submissions on interim relief. The prayer for interim relief at this stage is essentially based on the earlier orders of this Court dated 23-9-2013 (2014) 6 SCC 433, 24-3-2014 (2017) 7 SCC 157, 16-3-2015 2015 SCC OnLine SC 1640, 11-8-2015 (2015) 8 SCC 735 and 15-10-2015 (2015) 10 SCC 92. The interim directions dated 15-10-2015 (2015) 10 SCC 92 were issued by a Constitution Bench. The primary submission of the petitioners is that in terms of the interim order of the Constitution Bench: (i) Aadhaar Cards could permissibly be utilised only for six schemes (two of them provided for in the order dated 11-8-2015 (2015) 8 SCC 735 and four in the order dated 15-10-2015 (2015) 10 SCC 92); (ii) the Union Government was directed to strictly follow the earlier orders of this Court commencing from 23-9-2013 (2014) 6 SCC 433; 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.
2. Mr Shyam Divan, learned Senior Counsel urged that since the interim order dated 15-3-2015 governs the field it was the obligation of the Union Government to seek a variation of the interim directions after the enactment of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 before making it mandatory to uplink or provide details of the Unique Identification Number/Aadhaar card for all purposes.
3. Mr Gopal Subramanium, learned Senior Counsel while advancing the same submission urged that the issue involves the paramountcy of the Court and of the judicial process. In the submission of the learned counsel, the exercise of the judicial power in the form of the interim order dated 15-10-2015 (2015) 10 SCC 92 (and the earlier orders) was to insulate citizens against any form of compulsion, this being in aid of protecting their fundamental rights.
4. Mr Arvind Datar, Mr K.T.S. Tulsi, Mr Anand Grover, Mr K.V. Viswanathan, Ms Minakshi Arora and Mr Sanjay Hegde, among other learned counsel urged submissions on various facets in support of the prayer for interim relief.
5. On the other hand, Mr K.K. Venugopal, the learned Attorney General for India urges that the interim directions were issued in the absence of a legislative framework. After Parliament has enacted the Aadhaar Act, 2016 (which came into force on 12-7-2016) the interim orders would, in his submission, not pose any impediment to enforcing the provisions of the law, duly enacted. Moreover, the reasonableness of each notification would have to be justified by the department concerned. The learned Attorney General has been supported in his submissions by Mr Aryama Sundaram, learned Senior Counsel appearing on behalf of Uidai and Mr Rakesh Dwivedi, learned Senior Counsel.
6. Having due regard to the importance of the issues which have been raised in the case, which has led to the judgment of nine Judges of this Court on 24-8-2017 (2017) 10 SCC 1, we are of the considered view that the resolution of the issues raised before the Court should proceed at the earliest, after the Court reassembles in January 2018. This will ensure clarity for citizens on the one hand and for the Union and the State Governments and the instrumentalities on the other hand.
7. The learned Senior Counsel appearing on behalf of the petitioners as well as the learned Attorney General for India and all the other counsel supporting his submissions have agreed to the suggestion of the Court that the final hearing of the case commence on 17-1-2018. We direct accordingly.
8. The matter which needs consideration in the meantime is the interim arrangement which should govern the field.
9. The learned Attorney General for India has stated that:
9.1. The Union Government has extended the deadline for Aadhaar linkage with all schemes of its Ministries/Departments until 31-3-2018;
9.2. As far as Aadhaar linkage with bank accounts is concerned, for existing bank accounts, the last date for the completion of the process may be extended to 31-3-2018;
9.3. Insofar as new bank accounts are concerned, while the last date for completing the process of Aadhaar linking may be extended until 31-3-2018, persons desirous to open new accounts shall produce proof to the bank of an application having been submitted for obtaining an Aadhaar card together with the application number which shall be supplied to the account opening bank; and
9.4. As regards Aadhaar based e-KYC for mobile phone subscribers, as held by a Bench of two learned Judges of this Court by its order dated 6-2-2017 in Lokniti Foundation v. Union of India (2017) 7 SCC 155, the process of completing the e-KYC process is to be completed by 6-2-2018. The Union Government informs the Court, that consistent with the extension of the deadline to 31-3-2018 in other cases, this Court may consider passing appropriate orders.
10. In terms of Paras 9.1. and 9.2. above, we accept the statement of the learned Attorney General for India and order accordingly.
11. In terms of Para 9.3. above, 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 31-3-2018.
12. In terms of Para 9.4. above we extend the date for the completion of the e-KYC process in respect of mobile phone subscribers until 31-3-2018.
13. Consistent with the above directions, we also direct that the extension of the last date for Aadhaar linkage to 31-3-2018 shall apply, besides the schemes of the Ministries/Departments of the Union Government to all State Governments in similar terms. As a consequence of the extension of the deadline to 31-3-2018, it is ordered accordingly.
14. We also clarify that insofar as the provisions of Section 139-AA of the Income Tax Act, 1961 are concerned, the matter stands governed by the judgment of this Court in Binoy Viswam v. Union of India (2017) 7 SCC 59.
15. The above arrangement shall continue to operate pending the disposal of the proceedings before the Constitution Bench. The Registry shall list the entire batch of connected cases for final hearing on 17-1-2018.
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