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Supreme Court of India

JUSTICE K.S.PUTTASWAMY(RETD) vs UNION OF INDIA on 15 December, 2017

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2017 INSC 1235ReportableW.P.(C) No.-000494-000494 - 2012Official PDFAuthor HON'BLE THE CHIEF JUSTICEBench Arjan Kumar Sikri, Ashok Bhushan, Ajay Manikrao KhanwilkarAdvocates ANISH KUMAR GUPTA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO 494 OF 2012

Versus

T C ( C) NO 152 OF 2013

W P (C) NO 372 OF 2017

O R D E R S

Dr D Y CHANDRACHUD, J

1 We have heard submissions on interim relief. The prayer for interim relief

at this stage is essentially based on the earlier orders of this Court dated 23

September 2013, 24 March 2014, 16 March 2015, 11 August 2015 and 15

October 2015. The interim directions dated 15 October 2015 were issued by a

Constitution Bench. The primary submission of the petitioners is that in terms of

the interim order of the Constitution Bench: (i) Aadhaar Cards could permissibly

be utilized only for six schemes (two of them provided for in the order dated 11

August 2015 and four in the order dated 15 October 2015); (ii) the Union

Government was directed to strictly follow the earlier orders of this Court

commencing from 23 September 2013; and (iii) the Aadhaar card scheme was to

be purely voluntary and could not be made mandatory until the matter is finally

decided by this Court.

2 Mr Shyam Divan, learned senior counsel urged that since the interim order

dated 15 March 2015 governs the field it was the obligation of the Union

government to seek a variation of the interim directions after the enactment of the

Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and

Services) Act, 2016 before making it mandatory to uplink or provide details of the

Unique Identification Number/Aadhaar card for all purposes.

3 Mr Gopal Subramanium, learned senior counsel while advancing the same

submission urged that the issue involves the paramountcy of the Court and of

the judicial process. In the submission of the learned counsel, the exercise of the

judicial power in the form of the interim order dated 15 October 2015 (and the

earlier orders) was to insulate citizens against any form of compulsion, this being

in aid of protecting their fundamental rights.

4 Mr Arvind Datar, Mr KTS Tulsi, Mr Anand Grover, Mr KV Viswanathan, Ms

Minakshi Arora and Mr Sanjay Hegde, among other learned counsel urged

submissions on various facets in support of the prayer for interim relief.

5 On the other hand, Mr K K Venugopal, the learned Attorney General for

India urges that the interim directions were issued in the absence of a legislative

framework. After Parliament has enacted the Aadhaar Act, 2016 (which came into

force on 12 July 2016) the interim orders would, in his submission, not pose any

impediment to enforcing the provisions of the law, duly enacted. Moreover, the

reasonableness of each notification would have to be justified by the department

concerned. The learned Attorney General has been supported in his submissions

by Mr Aryama Sundaram, learned senior counsel appearing on behalf of UIDAI

and Mr Rakesh Dwivedi, learned senior counsel.

6 Having due regard to the importance of the issues which have been raised

in the case, which has led to the judgment of nine Judges of this Court on 24

August 20171, we are of the considered view that the resolution of the issues

raised before the Court should proceed at the earliest, after the Court

reassembles in January 2018. This will ensure clarity for citizens on the one

hand and for the Union and the state governments and the instrumentalities on

the other hand.

7 Learned senior counsel appearing on behalf of the petitioners as well as

the learned Attorney General for India and all the other counsel supporting his

submissions have agreed to the suggestion of the Court that the final hearing of

the case commence on 17 January 2018. We direct accordingly.

8 The matter which needs consideration in the meantime is the interim

arrangement which should govern the field.

9 The learned Attorney General for India has stated that :

1 (2017) 10 SCC 1

(i) The Union government has extended the deadline for Aadhaar linkage with all

schemes of its Ministries/Departments until 31 March 2018;

(ii) As far as Aadhaar linkage with bank accounts is concerned, for existing bank

accounts, the last date for the completion of the process may be extended to 31

March 2018;

(iii) In so far as new bank accounts are concerned, while the last date for

completing the process of Aadhaar linking may be extended until 31 March 2018,

persons desirous to open new accounts shall produce proof to the bank of an

application having been submitted for obtaining an Aadhaar card together with

the application number which shall be supplied to the account opening bank; and

(iv) As regards Aadhaar based E-KYC for mobile phone subscribers, as held by a

Bench of two learned Judges of this Court by its order dated 6 February 2017 in

Lokniti Foundation v Union of India and Another2, the process of completing

the E-KYC process is to be completed by 6 February 2018. The Union

government informs the Court, that consistent with the extension of the deadline

to 31 March 2018 in other cases, this Court may consider passing appropriate

orders.

10 In terms of (i) and (ii) above, we accept the statement of the learned

Attorney General for India and order accordingly.

2 (2017) 7 SCC 155

11 In terms of (iii) above, subject to the submission of the details in regard to

the filing of an application for an Aadhaar card and the furnishing of the

application number to the account opening bank, we likewise extend the last date

for the completion of the process of Aadhaar linking of new bank accounts to 31

March 2018.

12 In terms of (iv) above we extend the date for the completion of the E-KYC

process in respect of mobile phone subscribers until 31 March 2018.

13 Consistent with the above directions, we also direct that the extension of

the last date for Aadhar linkage to 31 March 2018 shall apply, besides the

schemes of the Ministries/Departments of the Union government to all state

governments in similar terms. As a consequence of the extension of the deadline

to 31 March 2018, it is ordered accordingly.

14 We also clarify that in so far as the provisions of Section 139 AA of the

Income Tax Act, 1961 are concerned, the matter stands governed by the

judgment of this Court in Binoy Visman v Union of India3.

3 Writ Petition (C ) No 247 of 2017

15 The above arrangement shall continue to operate pending the disposal of

the proceedings before the Constitution Bench.

16 The Registry shall list the entire batch of connected cases for final hearing

on 17 January 2018.

[A. K. SIKRI]

New Delhi December 15, 2017

Writ Petition (Civil) No. 494/2012

JUSTICE K.S.PUTTASWAMY(RETD) & ANR. Petitioners

VERSUS

UNION OF INDIA & ORS. Respondents

WITH T.C.(C) No. 151/2013 (XVI-A) T.C.(C) No. 152/2013 (XVI-A) T.P.(C) No. 1796/2013 (XVI-A) SLP(Crl) No. 2524/2014 (II-A) (FOR PERMISSION TO FILE ANNEXURES ON IA 4/2016, FOR DIRECTIONS ON IA 5/2017 and FOR STAY APPLICATION ON IA 6/2017) (FOR INTERIM PRAYERS FOR GRANT OF INTERIM RELIEF ON IA 1/2017, IA No. 129017/2017-impleading party, IA No.129021/2017- CLARIFICATION/ DIRECTION, IA No.129027/2017-impleading party, and IA No.129032/2017-CLARIFICATION/DIRECTION) W.P.(C) No. 372/2017 (X) (FOR ADMISSION and IA No.102155/2017-GRANT OF INTERIM RELIEF) (FOR ADMISSION and I.R. and IA No.107091/2017-GRANT OF INTERIM RELIEF and IA No.122999/2017-impleading party) W.P.(C) No. 1056/2017 (X)

Date : 15-12-2017 This matter was called on for pronouncement of

Order today. For Petitioners

Mr. Gopal Subramanium, Sr. Adv.

Ms. Aishwarya Bhati, Adv.

Mr. Jaideep Singh, Adv.

Mr. Gp. Capt. Karan Singh Bhati

Mr. T. Gopal, Adv.

Mr. Amit Verma, Adv.

Ms. Tanuja Patra, Adv.

Ms. Ritu Apurva, Adv.

Ms. Drishti Singh Rathore, Adv.

Mr. Dinesh Kumar, Adv.

Mr. Gopal Subramanium, Sr. Adv.

Mr. Jaideep Singh, Adv.

Ms. Archana Pathak Dave, AOR

Mr. Talha Abdul Rahman, Adv.

Mr. Ankur Kashyap, Adv.

Mr. Prateek Chadha, Adv.

Mr. Jayavardhan Singh, Adv.

Mr. Pavan Bhushan, Adv.

Mr. Vivek Raja, Adv.

Mr. Hitesh, Adv.

Mr. Anand Grover, Sr. Adv.

Mr. Anando Mukherjee, AOR

Mr. Prasana S., Adv.

Ms. N. Srinidhi Rao, Adv.

Ms. Stuti Vatsa, Adv.

Mr. Shyam Divan, Sr. Adv.

Mr. Pratap Venugopal, AOR

Mr. Udayaditya Banerjee, Adv.

Mr. Prasanna S., Adv.

Ms. Samiksha Godiyal, Adv.

Ms. Niharika, Adv.

Mr. Shyam Divan, Sr. Adv.

Mr. Vipin Nair, Adv.

Mr. P.B. Suresh, Adv.

Mr. Udayaditya Banerjee, Adv.

Mr. S. Prasanna, Adv.

Ms. Samiksha Godiyal, Adv.

Mr. Prithu Garg, Adv.

Mr. Abhay Pratap Singh, Adv.

Mr. Govind Manoharan, Adv.

Mr. Vipin Nair, AOR

Mr. K.V. Vishwanathan, Sr. Adv.

Ms. Vrinda Bhandari, Adv.

Mr. N. Sai Vinod, Adv.

Mr. T.V.S. Raghavendra Sreyas, AOR

Mr. Arvind Datar, Sr. Adv.

Mr. Prasanna S., Adv.

Mr. Apar Gupta, Adv.

Mr. Deepayan Mandal, AOR

Mr. Koshy John, Adv.

Ms. Pragya Baghel, Adv.

Ms. Anusha Natrajan, Adv.

Ms. Samten Doma, Adv.

Ms. Meenakshi Arora, Sr. Adv.

Mr. Rahul Narayan, AOR

Mr. Apar Gupta, Adv.

Ms. Annanya Ghosh, Adv.

Mr. Shashwat Goel, Adv.

Mr. Gautam Bhatia, Adv.

Ms. Bhawna, Adv.

Mr. Shuvodeep Roy, Adv.

Mr. Anish Kumar Gupta, AOR

Mr. Avdhesh Kumar Singh, Adv.

Mr. R.K. Rajwanshi, Adv.

Mr. Chandra Shekhar Suman, Adv.

Ms. Deep Shikha Bharti, Adv.

Ms. Rita Gupta, Adv.

M/s. K J John And Co, AOR

M/s. Meharia & Company, AOR

Mr. Prashant Bhushan, AOR

Mr. Abhishek Atrey, AOR

Mr. Shadan Farasat, AOR

Ms. Jyoti Mendiratta, AOR

Mrs. Geetha Kovilan, AOR

Mr. Pranaya Kumar Mohapatra, AOR For Respondents/ Applicants Mr. K.K. Venugopal, AG

Mr. Zoheb Hossain, AOR

Ma. Ankur Talwar, Adv.

Mr. Shraddha Deshmukh, Adv.

Ms. Anil Katiyar, Adv.

Mr. Rakesh Dwivedi, Sr. Adv.

Mrs. Hemantika Wahi, AOR

Ms. Jesal Wahi, Adv.

Ms. Shodhika Sharma, Adv.

Mr. Jatinder Kumar Bhatia, AOR

Mr. Ashutosh Kumar Sharma, Adv.

Mr. Jugal Kishore Gilda, Adv. Gen. Mr. Aniruddha P. Mayee, AOR Mr. Chirag Jain, Adv.

Dr. Lalit Bhasin, Adv. Ms. Nina Gupta, Adv. Mr. Mudit Sharma, Adv.

Ms. Palak Chadha, Adv.

Ms. Aruna Mathur, Adv. Mr. Avneesh Arputham, Adv. Ms. Anuradha Arputham, Adv. Ms. Simran Jeet, Adv. M/s. Arputham Aruna & Co., AOR

Mr. Gopal Singh, AOR Ms. Vimla Sinha, Adv.

Mr. Rituraj Biswas, Adv.

Mr. Wills Mathews, Adv. Mr. Rabin Majumder, AOR

Mr. K.R. Sasiprabhu, AOR Mr. Gaurav Mitra, Adv. Mr. Biju P. Raman, Adv. Mr. Vishnu Sharma, Adv. Mr. Bhavuk Aggarwal, Adv.

Mr. Edward Belho, AAG, Nagaland Ms. K. Enatoli Sema, Adv. Mr. Amit Kumar Singh, Adv. Mr. K. Luikang Michael, Adv.

Mr. K.V. Jagdishvaran, Adv. Mrs. G. Indira, AOR

Mr. Jayesh Gaurav, Adv. Mr. Ratan Kumar Choudhuri, AOR

Mr. K.N. Madhusoodhanan, Adv. Ms. Nitya Madhusoodhanan, Adv. Mr. T.G.N. Nari, Adv.

Mr. Mohit D. Rana, Adv. Ms. Monisha Handa, Adv. Mr. Bhagirath N. Patel, Adv.

Mr. Pardeep Gupta, Adv. Mrs. Mansi Gupta, Adv. Mr. Moazzam Ali, Adv. Mr. Wazer Singh Malik, Adv. Dr. Mrs. Vipin Gupta, AOR Mr. Anish Kumar Gupta, Adv.

Mr. B.V. Gadnis, Adv. Mr. V. Gadnis, Adv. Mr. Harish Pandey, Adv.

Mr. K.R. Sasiprabhu, AOR Mr. S. Sharma, Adv. Mr. Biju P. Raman, adv. Mr. Vishnu Sharma, Adv.

Mr. Soumitra G. Chaudhuri, Adv. Mr. Chanchal Kumar Ganguli, AOR

Mr. Karan Bharihoke, Adv.

Mr. K.V. Vijayakumar, AOR Ms. Maitreyee Mishra, Adv.

Mr. Tapesh Kumar Singh, Adv. Mr. Aditya Pratap Singh, Adv. Mr. Mohd. Waquas, Adv. Mr. P.K. Singh, Adv.

Mr. S. Udaya Kumar Sagar, AOR Mr. Mrityunjai Singh, Adv.

Mr. Ajay Bansal, Adv. Mr. Gaurav Yadava, Adv.

Mr. Amit Sharma, AOR Mr. Dipesh Sinha, Adv. Ms. Ayiala Imti, Adv.

Mr. M. Shoeb Alam, AOR Ms. Fauzia Shakil, Adv. Mr. Ujjwal Singh, Adv. Mr. Mojahid Karim Khan, Adv. Mr. Shiv Mangal Sharma, AAG, Rajasthan Mr. Lalitendu Mohapatra, Adv. Mr. Shrey Kapoor, Adv. Ms. Ruchi Kohli, AOR

Mr. Leishangthem Roshmani Kh., AOR Ms. Maibam Babina, Adv.

Mr. Kuldeep S. Parihar, Adv. Mr. H.S. Parihar, AOR

Mr. Anil Grover, AAG, Haryana Mr. Satish Kumar, Adv. Ms. Noopur Singhal, Adv. Mr. Sanjay Kr. Visen, AOR

Mr. J.S. Attri, Sr. Adv. Mr. Varinder Kumar Sharma, Adv. Mr. Chandra Nand Jha, Adv.

Mr. Sanjay Kapur, AOR Ms. Mansi Kapur, Adv. Ms. Megha Karnwal, Adv. Ms. Shubhra Kapur, Adv.

Mr. Abhinav Mukerji, Adv. Mrs. Bihu Sharma, Adv. Ms. Purnima Krishna, Adv. Mr. Siddharth Garg, Adv.

Mr. V.G. Pragasam, AOR/AAG, Puducherry Mr. S. Prabu Ramasubramani, Adv. Mr. S. Manuraj, Adv.

Mr. Varinder Kumar Sharma, AOR Mr. Sanjeev Kumar, Adv. Ms. Parul Sharma, Adv.

Mr. Sajan Poovayya, Sr. Adv. Mr. Priyadarshi Banerjee, Adv. Mr. Pratibhanu S.K., Adv. Mr. Saransh Kumar, Adv. Mr. Saransh Jain, Adv. Mr. Meka Venkatarama Krishna, Adv.

Mr. R. Sudhinder, Adv. Mr. Ashok Kumar, Adv. Ms. Amrita Sarkar, Adv.

Mr. Arvind Datar, Sr. Adv. Mr. Nipun Saxena, Adv. Ms. Pallavi Pratap, AOR

M/s. Lawyer S Knit & Co, AOR M/s. Meharia & Company, AOR Mr. E.C. Agrawala, AOR Mr. Milind Kumar, AOR Ms. Aishwarya Bhati, AOR Mr. Dinkar Kalra, AOR

Ms. Rashmi Singhania, AOR

Mr. Guntur Prabhakar, AOR

Mr. Tapesh Kumar Singh, AOR

Ms. Savita Singh, AOR

Mr. Jayant Mohan, AOR

Mr. Nishant Ramakantrao Katneshwarkar, AOR

Mr. Ranjan Mukherjee, AOR

Mr. T.G. Narayanan Nair, AOR

Mr. Jagjit Singh Chhabra, AOR

Mr. Mishra Saurabh, AOR

Mr. Manish Vashishtha, AOR

Mr. Manoj K. Mishra, AOR

M/s. Arputham Aruna And Co, AOR

Mr. Varinder Kumar Sharma, AOR

M/s. Corporate Law Group, AOR

Mr. Garvesh Kabra, AOR

Mr. Harish Pandey, AOR

Mr. Ashok Mathur, AOR

Mrs. Anil Katiyar, AOR

Mr. Anip Sachthey, AOR

Ms. Anitha Shenoy, AOR

Intervenor-in-person, AOR

Applicant-in-person, AOR

Mr. Jogy Scaria, AOR

M/s. Khaitan & Co., AOR

Mr. Harsh Kaushik, AOR

Mrs. Pragya Baghel, AOR

Hon'ble Dr. Justice D.Y. Chandrachud pronounced the order of the Bench comprising Hon'ble the Chief Justice,

Hon'ble Mr. Justice A.K. Sikri, Hon'ble Mr. Justice A.M. Khanwilkar, His Lordship and Hon'ble Mr. Justice Ashok

Bhushan.

In terms of the signed reportable order, certain

directions are issued. The arrangement as per the directions issued shall continue to operate pending the disposal of the

proceedings before the Constitution Bench.

Let the entire batch of connected cases be listed for

final hearing on 17.1.2018.

(Deepak Guglani) (H.S. Parasher)

Court Master Assistant Registrar

(Signed reportable order is placed on the file)