Justice K S Putiaswamy (RETD.), and Anr. v. Union of India and Ors

DR. D. Y. CHANDRACHUD, J. I. We have heard submissions . on interim relief. The prayer for interim relief at this stage is essentially B based on the earlier orders of this Court dated 23 September 2013, 24 March 2014. 16 March 2015, 11 August 2015 and 15 October 2015 .. The interim directions dated 15 October 2015 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 utilized only for six schemes (two of them provided C 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. D 2. Mr Shyam Divan, learned senior counsel urged that since the interim order dated 15 March 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, 2016before m(1king it E 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 October 2015 (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 KTS Tulsi, Mr Anand Grover, Mr KV G Viswanathan. MsMinakshi 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 • H 1004 SUPREME COURT REPORTS (2017] 10 S.C.R. absence of a legislative framework.After Parliament has enacted the Aadhaar Act, 2016 (which came into force on 12 July 2016) the interim orders w·ould, in his submission, not pose any impediment to enforcing the provisions ofthe Jaw, 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 MrAryama 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 hasled to the judgment of nine Judges of this Court on 24 August 20171, we are of the considered view that the C 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. Learned senior counsel appearing on behalf of the petitioners D as well as the leamec\ Attorney General for India and all the other counsel supporting his s.ubmissions have agreed to the suggestion of the Court that the final hearing of the case commence on I 7 January 2018. We direct accordingly. 8. The matter which needs consideration in the meantime is the E interim arrangement which should govern the field. · 9. The learned Attorney General for India has stated that : (i) The Union government has extended the deadline for Aadhaar linkage with all schemes of itsMinistries/Departments until 31 March F 2018; (ii) As far as Aadhaar linkage with bank accounts is concerned, for existing j:>ank account~. the last date for the completion of the process may be.extended to 31March2018; (iii) In so far as new bank accounts are concerned, while the last G date for completing the process of Aadhaar linking may be extended until 31 March 2018, persons desirous to open new accounts shall produce proof to the bank pf 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 1(2017) IOSCC 1 JUSTICE KS PUTIASWAMY (RETD) v. UNION OF INDIA 1005 [DR. D. Y. CHANDRACHUD, J.] (iv) As regards Aadhaar based E-KYC for mobile phone A subscribers,as held by a Bench of two learned Judges of this Court by its order dated 6 February 2017 in Lokniti Foundation v Union of India and Another2, 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 B 2018 in other cases, this Court may consider passing appropriate orders. 10. In tem1s of (i) and (ii) above, we accept the statement of the learned Attorney General for India and order accordingly. . 11. In terms of (iii) above, subject to the submission of the details in regard to the filing of an application for an Aadhaar card and the C furnishing of the application number to the account opening bank, we likewise extend the last date forthe completion of the process of Aadhaar linking of new bank accounts to 31March2018. 12. In terms of (iv) above we extend the date for the completion ·of the E-KYC process in respect of mobile phone subscribers until 31 D March 2018. · l 3. Consistent with the above directio.ns, we also direct that the extension of the last date for Aadhar linkage to 31 March 2018 shall ~ apply, besides the schemes of the Ministries/Departments of the Union ·government to all state governments in si.milar terms.As a consequence E of the extension of the deadline to 31 March 2018, it is ordered accordingly. ' 14. We also clarify that in so far 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 Visman v Union of lndia 3• · 15. The above arrangement shall continue to operate pending the disposal of the proceedings'before the Constitution Bench. 16. The Registry shall list the entire batch of connected cases for final hearing on 17 January 2018. J?evika Gujral Directions issued. •2 (2011) 1sec155 3 Writ Petition (C) No. 247 of 2017 F·