SC Constitution bench to hear pleas against Aadhaar Thursday

Rodiano Bonacci
Dicembre 14, 2017

Yesterday, the government extended by three months till March 31, 2018 the deadline for mandatory quoting of Aadhaar and PAN for all bank accounts and certain financial transactions.

According to the December 12 notification, the words "submit the Aadhaar number and PAN by December 31, 2017" have been substituted by "submit the Aadhaar number, PAN or Form No 60 by such date as may be notified by the Central government". Following this, 31 March, 2018 was notified as the fresh deadline.

"After considering various representations received in this regard and inputs received from banks, it has been chose to notify March 31, 2018, or six months from the date of commencement of account-based relationship by the clients, whichever is later, as the date of submission of the Aadhaar number and Permanent Account Number or Form 60 by the clients to the reporting entity".

The top court had on December 7 said that a Constitution bench will hear the various plea for interim relief on the mandatory linking of Aadhaar with bank accounts and the Permanent Account Number (PAN).

The Centre had October 25 told the top court that the deadline for mandatory linking of Aadhaar to receive benefits of government schemes has been extended till March 31, 2018 for those who do not have the 12-digit unique biometric identification number and were willing to enrol for it.

In a note to the court, the government had said that "those who have Aadhaar are required to seed/link their Aadhaar with SIM card, with bank account, PAN card and other schemes where section 7 notifications have been issued".

The government had earlier said failure to submit Aadhaar number and PAN within the stipulated timelines would mean that the account "will cease to be operational till the time the Aadhaar number and Permanent Account Number is submitted by the client".

The PMLA and its rules impose an obligation on "reporting entities" like banks, financial institutions and intermediaries to verify the identity of clients, maintain records and furnish information to the Financial Intelligence Unit of India (FIU-IND).

This, despite the fact that Supreme Court is still hearing petitions related to the legal status of such Aadhaar linking, and the matter is subjudice.

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