Constitution Bench to hear pleas challenging mandatory linking of Aadhaar tomorrow

Remigio Civitarese
Dicembre 13, 2017

In other words, the linking of Aadhaar is put off indefinitely for bank accounts and PAN till the government says otherwise.

According to the Prevention of Money Laundering Act (PMLA) 2002, banks and financial institutions are required to obtain Aadhaar ID, PAN card and other official documents from a person before opening a bank account or conducting any financial transaction of Rs 50,000 or above.

Meanwhile, a five-judge constitution bench will continue hearing pleas seeking an interim stay on the Centre's decision directing mandatory linking of Aadhaar with various government schemes and welfare measures.

One of the counsel representing the petitioners had earlier said that final hearing on the main Aadhaar matter was necessary as the government "cannot compel" citizens to link their Aadhaar with either bank accounts or cell phone numbers.

Linking of Aadhaar card with PAN or Permanent Account Number card - issued by the Income Tax Department - is now mandatory for all income tax payers.

This means that the consumers will have to adhere to the various deadlines for Aadhaar linking, until further orders of the court.

"The ministry in a recent notification said, "Provided that in case client already having an account based relationship with reporting entities prior to date of this notification fails to submit the Aadhaar number and PAN by 31st December, 2017, the said account shall cease to be operational till the time the Aadhaar number and PAN is submitted by the client".

Attorney general K.K. Venugopal had informed the court that the government was willing to, with the exception of SIM cards, extend the deadline to 31 March for mandatory linking of Aadhaar. Several petitioners challenging the validity of Aadhaar had claimed it violated privacy rights.

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