Government extends deadlines of Aadhaar linking with all Schemes & Services to March 31st

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On 15th December 2017, the five – judges constitutional bench of the Supreme Court have extended the deadlines for linking Aadhaar number with all services and schemes including bank accounts and mobile numbers to March 31st, 2018.

Government have extended the deadline of Aadhaar and bank account linkage for three more months i.e. March 31st 2018…Read More

It has been decided by the Government to notify 31st March, 2018 or six months from the date of commencement of bank account based relationship by the client, whichever is later, as the date of submission of Aadhaar number & PAN or Form 60 by the clients to the reporting entity,
said Ministry of Finance on a micro-blogging site.

And the mandatory linkage date for Aadhaar and e – KYC (Know Your Customer) for mobile services have also been extended by March 31st 2018; where earlier the date for completing the task was February 6, 2018 and this has been set forth under order dated February 6 of the Supreme Court in Lok Niti Foundation…Read More

These extensions of deadlines for all schemes of the ministries or departments of the union government are applicable to all state governments as well.

The judgement in Binoy Viswam v. UOI shall continue to prevail in so far as the requirements of Aadhaar for PAN under section 139 AA of the Income Tax Act of 1961 are concerned.

On 14th December 2017, a number of senior advocates such as Shyam Diwan, Gopal Subramanium, Arvind Datar, K.V Viswanathan and Meenakshi Arora had advanced submissions which challenges the validity of the 139 notifications which are issued by the Central Government under section 7 of the Aadhaar Act of 2016 which mandates the 12 digit Unique Identification Number (UID) as an essential document for bank accounts, mobile phones, registration for examination, disbursement of scholarships, availing retroviral treatment for HIV patients, issue of death certificate etc.

And it also says that these notifications in breach of the Supreme Court interim orders dated August 11th, 2015 and October 15th 2015 enclosing mandatory owned of Aadhaar card to 6 social security schemes such as PDS schemes, LPG Distribution scheme, MGNREGA scheme, National Security Assistance Programme, PM Jan Dhan Yojana, and the Employees’ Provident Fund Scheme.

This argument also came forth that

the parliament had intended the enrolment for Aadhaar under the Act of 2016 to be free and voluntary, except in respect of ‘subsidies, benefits and services’ relating to expenditure or receipt on the Consolidated Fund of India.

It also reads that the decision of the nine – judge bench which is dated August 24 of the Supreme Court in the Justice K.S Puttaswamy matter, the right to privacy under Article 21 could only be entrenched upon with the backing of a strict regulation. This means that this 12 digit unique identification number cannot make a mandatory document unless it is required by legislation.

Moreover, Senior Advocates KTS Tulsi and Anand Grover and Advocate Prashant Bhusan have drawn attention of the apex court to the drastic consequences of leakage of biometric data that the Aadhaar scheme requires citizens to part with.

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