NEW DELHI: The Supreme Court on Monday admonished West Bengal executive for submitting petition challenging constitutional validity of Aadhaar Act passed through Parliament and said that if the state is aggrieved through the legislation then the Chief Minister Mamata Banerjee herself may just filed petition as a citizen and it will her plea.
At the outset of hearing, a bench of Justices A K Sikri and Ashok Bhushan raised objection on the West Bengal executive petition pronouncing that how can a state may just challenge a legislation framed through the central executive beneath Article 32 of the charter. in a federal structure. The bench agreed that the issue raised through state had to be examined but the state executive may just not record petition beneath Article 32 of the charter.
"How can West Bengal government file petition challenging virus of the Act. An individual can file petition but how can a state challenge the Act of the Parliament. Let an individual file the case. Let the Chief Minister Mamta Banerjee herself file the petition in her individual capacity and we will her the case. This is the matter which needs examination but how can state file petition," the bench said.
The bench asked senior advocate Kapil Sibal, showing for the state executive, to meet it how the petition was maintainable. Sibal, on his section, attempt to convince the court that there was noting unsuitable in state executive drawing near the court to challenge legislation passed through Centre.
The bench, on the other hand, was not happy and said, "Tomorrow the Centre would start filing petition against law framed by the state. You better amend your petition".
Sensing the temper of the court, Sibal agreed to switch the petition to limit its challenge on the notification issued through the Centre for necessary linking of Aadhaar number with social welfare schemes and remove the prayer in search of court;s course to declare Aadhaar legislation as unconstitutional
In the period in-between, the bench agreed to hear a PIL filed through an advocate in search of its course to the Department of Telecom and more than a few telecom operators to prevent necessary linking of Aadhaar with mobile numbers as an authentication for proof of identity of mobile customers. The court issued realize to Centre, directing the government to record response inside of 4 weeks.
Department of Telecommunications has issued a circular directing telecom companies to make Aadhaar primarily based E-KYC necessary for obtaining new connections and for re-verifying present present subscribers and proceeded to make it necessary for each Prepaid and Postpaid subscribers to attach their Aadhaar playing cards with their telephone numbers.
In an open defiance to Centre's circular, Mamata Banerjee has just lately said that she would not link her telephone number with Aadhaar.
At the outset of hearing, a bench of Justices A K Sikri and Ashok Bhushan raised objection on the West Bengal executive petition pronouncing that how can a state may just challenge a legislation framed through the central executive beneath Article 32 of the charter. in a federal structure. The bench agreed that the issue raised through state had to be examined but the state executive may just not record petition beneath Article 32 of the charter.
"How can West Bengal government file petition challenging virus of the Act. An individual can file petition but how can a state challenge the Act of the Parliament. Let an individual file the case. Let the Chief Minister Mamta Banerjee herself file the petition in her individual capacity and we will her the case. This is the matter which needs examination but how can state file petition," the bench said.
The bench asked senior advocate Kapil Sibal, showing for the state executive, to meet it how the petition was maintainable. Sibal, on his section, attempt to convince the court that there was noting unsuitable in state executive drawing near the court to challenge legislation passed through Centre.
The bench, on the other hand, was not happy and said, "Tomorrow the Centre would start filing petition against law framed by the state. You better amend your petition".
Sensing the temper of the court, Sibal agreed to switch the petition to limit its challenge on the notification issued through the Centre for necessary linking of Aadhaar number with social welfare schemes and remove the prayer in search of court;s course to declare Aadhaar legislation as unconstitutional
In the period in-between, the bench agreed to hear a PIL filed through an advocate in search of its course to the Department of Telecom and more than a few telecom operators to prevent necessary linking of Aadhaar with mobile numbers as an authentication for proof of identity of mobile customers. The court issued realize to Centre, directing the government to record response inside of 4 weeks.
Department of Telecommunications has issued a circular directing telecom companies to make Aadhaar primarily based E-KYC necessary for obtaining new connections and for re-verifying present present subscribers and proceeded to make it necessary for each Prepaid and Postpaid subscribers to attach their Aadhaar playing cards with their telephone numbers.
In an open defiance to Centre's circular, Mamata Banerjee has just lately said that she would not link her telephone number with Aadhaar.
SC slams WB govt for challenging Aadhaar Act
![SC slams WB govt for challenging Aadhaar Act]()
Reviewed by Kailash
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October 30, 2017
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