Extracts from Supreme Court Orders on Aadhaar

September 23, 2013
[Until final hearing of the Constitution Bench] “…no person should suffer fornotgetting the Adhaar card inspite of the fact that some authority hadissued a circular making it mandatory”.

November 26, 2013

[States/UTs impleaded.]

March 24, 2014

“… no person shall be deprived of any service for want of Aadhaar number in case he/she is otherwise eligible/entitled. All the authorities are directed to modify their forms/ circulars/ likes so as not to compulsorily require the Aadhaar number in order to meet the requirement of the interim order passed by this Court forthwith.”

March 16, 2015

“… we expect that both the Union of India and States and all their functionaries should adhere to the Order passed by this Court on 23rd September, 2013.”

August 11, 2015

“1. The Union of India shall give wide publicity in the electronic and print media including radio and television networks that it is not mandatory for a citizen to obtain an Aadhaar card;

2. The production of an Aadhaar card will not be condition for any benefits otherwise due to a citizen;

3. [PDS and LPG exemptions] “will not be used by the respondent for any purpose other than the PDS Scheme and in particular for the purpose of distribution of foodgrains, etc. and cooking fuel, such as kerosene. The Aadhaar card may also be used for the purpose of the LPG Distribution Scheme”

4. The information about an individual obtained by the Unique Identification Authority of India while issuing an Aadhaar card shall not be used for any purpose, save as above, except as may be directed by a Court for the purpose of criminal investigation.”

October 15, 2015

[Further exemptions for NREGA, NSAP, JDY, EPFO – see attached snapshot.]

“We impress upon the Union of India that it shall strictly follow all the earlier orders passed by this Court commencing from 23.09.2013.

We will also make it clear that the Aadhaar card scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this Court one way or the other.”

September 14, 2016

[Reaffirming the 15/10/15 order, the Court struck down directions from the Union of India to the states making Aadhaar mandatory for various scholarships.]

The last order is particularly significant as it reaffirms earlier orders even after the Aadhaar Act.