2018 (4) TMI 98 - SC - Indian Laws

Supreme Court Extends Aadhaar Linkage Deadline, Including Bank Accounts & Mobiles

The Supreme Court extended the interim order on Aadhaar linkage until the matter is finally heard and judgment is pronounced. The extension included the ... Interim injunction extension - Extension of Aadhaar linkage and e-KYC deadlines - Applicability of interim directions to administrative rules - Protection of benefits, subsidies and services under Section 7 of the Aadhaar ActInterim injunction extension - Extension of the interim order dated 15.12.2017 until final hearing and judgment. - HELD THAT: - The Court accepted the Attorney General's submission and directed that the interim order passed on 15.12.2017 shall stand extended until the matter is finally heard and the judgment is pronounced. The operative directions of that interim order, as articulated in paragraphs 11 to 13 of the said order, continue to govern the parties subject to the limited carve out preserved for benefits, subsidies and services under Section 7 of the Aadhaar Act.Interim order of 15.12.2017 extended until final disposal of the matter.Extension of Aadhaar linkage and e-KYC deadlines - Continuation and application of the deadlines specified in paragraphs 11 to 13 of the interim order. - HELD THAT: - The Court reproduced paragraphs 11 to 13 of the interim order and applied those directions. In particular, the deadline for completion of Aadhaar linking of new bank accounts (subject to furnishing of application details) and the deadline for completion of the e KYC process for mobile phone subscribers are extended to 31 March 2018. The directions are declared applicable to Union Ministries/Departments and to State Governments in similar terms. [Paras 11, 12, 13]Deadlines for Aadhaar linking of new bank accounts and e KYC for mobile subscribers extended to 31 March 2018; extension to apply to State Governments and Union Departments.Applicability of interim directions to administrative rules - Interim injunction extension - Whether the interim directions shall govern the Passports (1st Amendment) Rules, 2018 (Tatkal Scheme). - HELD THAT: - On being informed that the Passports (1st Amendment) Rules, 2018 introduced Aadhaar-related provisions under the Tatkal scheme, the Court directed that the extended interim order and its directions shall also control and govern the Passports (1st Amendment) Rules, 2018. The Court accepted the submission of the Attorney General to this effect while preserving the carve out for Section 7 benefits, subsidies and services.The interim directions are made applicable to and shall govern the Passports (1st Amendment) Rules, 2018.Protection of benefits, subsidies and services under Section 7 of the Aadhaar Act - Preservation of existing position in respect of benefits, subsidies and services covered under Section 7 of the Aadhaar Act despite extension of the interim order. - HELD THAT: - The Attorney General clarified, and the Court accepted, that the extension of the interim order should not disturb the existing position with respect to benefits, subsidies and services covered under Section 7 of The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016. Consequently, while interim directions are extended and applied to additional contexts, Section 7 entitlements remain unaffected.Benefits, subsidies and services under Section 7 of the Aadhaar Act shall remain undisturbed.Final Conclusion: The interim order dated 15.12.2017 is extended until final hearing and judgment; paragraphs 11-13 of that order govern Aadhaar linking of new bank accounts and e KYC for mobile subscribers (extended to 31 March 2018) and apply to State Governments and Union Departments; those directions are also made to govern the Passports (1st Amendment) Rules, 2018; the position in respect of benefits, subsidies and services under Section 7 of the Aadhaar Act remains undisturbed. Issues:Extension of interim order regarding Aadhaar linkage and Passports (1st Amendment) Rules, 2018.Extension of Interim Order Regarding Aadhaar Linkage:The Supreme Court, after hearing submissions from various parties, accepted the submission made by the learned Attorney General. The Court directed that the interim order passed on 15.12.2017 regarding Aadhaar linkage shall stand extended until the matter is finally heard and the judgment is pronounced. The directions issued in the interim order, specifically in paragraphs 11 to 13, were reiterated. These paragraphs extended the last date for Aadhaar linkage for new bank accounts and mobile phone subscribers until 31 March 2018. The extension of the deadline to 31 March 2018 was ordered to apply to all state governments and schemes of the Ministries/Departments of the Union government in similar terms.Incorporation of Passports (1st Amendment) Rules, 2018:During the proceedings, it was brought to the Court's attention that the Passports (1st Amendment) Rules, 2018 had been introduced, specifically concerning the Passport under the 'Tatkal' Scheme. The petitioners requested an extension of the interim order to cover the arena relating to the grant of Passports as well. The learned Attorney General for India agreed to the extension of the interim order, subject to the condition that benefits, subsidies, and services covered under Section 7 of The Aadhaar Act, 2016 remain undisturbed. The Court accepted this submission, directing that the interim order shall also control and govern the Passports (1st Amendment) Rules, 2018. The matter was listed for the next day to continue the proceedings.