Supreme Court of India (SCI) [File Photo]

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SCI Refuse To Accept West Bengal’s Petition Filed Against Aadhaar Act

By Sikh Siyasat Bureau

October 30, 2017

New Delhi: As per the media reports the Supreme Court of India (SCI) has today rejected the petition filed by West Bengal government against the Centre’s move to make Aadhaar mandatory for availing the benefits of various social welfare schemes.

“How can the State of West Bengal come here directly? Let Mamata Banerjee come and file a petition as a citizen,” reads the statement of the bench of of A.K. Sikri and Ashok Bhushan.

The State had filed a writ petition under Article 32 of the Constitution. The specific Article can only be used by individual citizens to approach the SCI against state actions which violate their fundamental rights. Article 32 cannot be agitated by a State against the Center.

“How can a State challenge a law passed by the Center? Tomorrow the Center will come against laws by the States,” Justice Sikri reportedly addressed Kapil Sibal, senior advocate for West Bengal.

Meanwhile, the Supreme Court of India issued notice on petitions filed by advocate Raghav Tankha seeking a direction to the Department of Telecom and to mobile service providers to cease from misinforming the public that Aadhaar is the sole means for identity and address proof for e-KYC procedure for mobile phone users, reads the quote from a report published in an English vernacular.

A Bench led by Chief Justice of India Dipak Misra in the morning agreed to the Center’s plea to hear the government later in the day on the question whether linking of bank accounts and mobile phones with Aadhaar would be made voluntary till March 31.

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Last week, Attorney General K.K. Venugopal had mentioned before a Bench headed by Chief Justice Dipak Misra that the deadline extension from December end this year till March 31, 2018, would apply only to those who do not have Aadhaar and are willing to enroll for it, media reports said.

However, Mr. Venugopal had agreed to take instructions on certain issues on Aadhaar after which the court had asked him to mention the matter again on October 30, notes The Hindu.