Let Mamata come: SC blasts West Bengal govt over plea against Centre on Aadhaar

The West Bengal govt led by Chief Minister Mamata Banerjee had challenged the Centre’s move to make Aadhaar mandatory for availing the benefits of various social welfare schemes.

New Delhi: The Supreme Court on Monday rapped the West Bengal government led by Chief Minister Mamata Banerjee for challenging the Centre’s move to make Aadhaar mandatory for availing the benefits of various social welfare schemes.

Questioning the West Bengal government's move, the apex court said, "How can a state file such a plea. In a federal structure, how can a state file a plea challenging Parliament's mandate."

Senior advocate Kapil Sibal, appearing for the Mamata Banerjee-led West Bengal government, told the court that the plea has been filed by the Labour Department of the state as subsidies under these schemes have to be given by them.

"You satisfy us how the state has challenged it. We know it is a matter which needs consideration," a bench comprising Justices AK Sikri and Ashok Bhushan said, adding the Centre's move can be challenged by an 'individual' but not by states.

"Let Mamata Banerjee come and file a plea as individual. We will entertain it as she will be an individual," the top court said.

However, Sibal maintained that the state was entitled to file such a plea but said that they would amend the prayer in the petition.

The apex court, meanwhile, issued a notice to the Centre on a batch of pleas challenging linking of mobile phone numbers with Aadhaar and directed it to file a reply within four weeks. 

Today's ruling has come as a big setback to the Trinamool Congress chief who had recently said that she will not link Aadhaar to her phone number and dared authorities to “disconnect it if they wanted to”.

“Under no circumstances will I link my Aadhaar with my telephone number. If the authorities disconnect my phone, let them do it. It will actually save me a lot of trouble as I won’t have to go through a number of text messages,” she had said.

Senior advocate and member of Parliament Kalyan Banerjee had earlier said the petition was filed earlier and would come up for hearing before the bench on October 30.

He said West Bengal government has challenged the provision which said that without Aadhaar the benefits of social welfare schemes would not be extended.

On October 25, the Centre had told the top court that the deadline for mandatory linking of Aadhaar to avail benefits of various government schemes has been extended till March 31 next year for those who do not have the 12-digit biometric identification number.

Attorney General KK Venugopal had told 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 enrol for it.

However, Venugopal had told the bench that he would take instructions on certain issues on Aadhaar after which the court had asked him to mention the matter again on October 30.

Several petitions, challenging the Centre’s move to make Aadhaar mandatory for welfare schemes and notifications to link it with mobile numbers and bank accounts, are pending in the apex court.

With PTI inputs