Aadhaar Is Not Mandatory Under Aadhaar Act 2016 Or Any Other Law Of India

Supreme Court Of IndiaOne of the most controversial questions of present time is whether Aadhaar is mandatory or not? Indian government is insisting that it is whereas legal jurists and Supreme Court have been maintaining that Aadhaar is absolutely optional. In fact, a constitution bench of Supreme Court has held that Aadhaar is optional for all government and non government services till the matter is decided by it conclusively.

Nevertheless, the nature of Aadhaar is still troubling many due to complexity of the issues involved in this matter. After rigourous constitutional analysis, we at Perry4Law Organisation (P4LO) have come to the logical conclusion that Aadhaar is not mandatory for availing government and non government services even after the Aadhaar Act, 2016. This conclusion is based on complex constitutional interpretation of fundamental rights, judicial review, legislative competency of Parliament, constitutionality of money bills, etc. A detailed discussion is not part of this article at this stage and we would come up with the same at appropriate stage.

Meanwhile, on 19-05-2017 a division bench of Supreme Court briefly heard the arguments of petitioner challenging compulsory requirement of Aadhaar for services under the Aadhaar Act. The court has listed the case for further hearing on 27-06-2017 whereas the government has made 30-06-2017 as the last date to seed/enroll for Aadhaar. So there is little time left for those who are challenging mandatory nature of Aadhaar for services under the Aadhaar Act.

Firstly, there are complete three days for starting the enrollment process for Aadhaar for those who are waiting for the judgment of Supreme Court against compulsory nature of Aadhaar under Aadhaar Act. Actual enrolment for Aadhaar is not required and even initiation of the process towards enrollment is enough. So people should wait for the judgment of Supreme Court or interim reliefs as prayed in the same. Most probably, Supreme Court would declare that Aadhaar is optional for Aadhaar Act.

Secondly, the last date for enrollment for Aadhaar could be extended by the government. So those willing to fight can further wait for such government action. But that is a government privilege and government may or may not extend the date.

Thirdly, the interim orders of Supreme Court making Aadhaar optional for all services are still applicable even the month of May 2017. So even if government and Supreme Court do not provide you with reliefs as mandated by Indian Constitution, fundamental rights and rule of law, still Aadhaar is optional.

Fourthly, the constitutional validity of Aadhaar Act itself has been challenged before the Supreme Court and the court would decide the same in due course. If Aadhaar Act itself is unconstitutional, there is no way government can make it mandatory even if we exclude above three aspects.

So in any case, Aadhaar cannot be demanded by Indian government even for services falling under the Aadhaar Act till Supreme Court decides in its favour. That eventuality is not going to happen even if a single person is standing against unconstitutional and rule of law violating Aadhaar. We at Perry4Law Organisation (P4LO) are committed to fight against the unconstitutional and evil Aadhaar till it is scrapped and the unconstitutionally collected biometric(s) are safely destroyed. You can count on us as the last man standing against unconstitutional and evil Aadhaar.

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