New Delhi, Feb 9: The Supreme Court, while hearing the clutch of petitions challenging the constitutional validity of Aadhaar on Thursday, said the government should ensure that the beneficiaries of social welfare programmes are not deprived of their rights due to the lack of infrastructure.
The court's remark came after senior advocate Kapil Sibal, who is representing the state of West Bengal, said the lack of internet facility and 24-hour electricity in rural parts of the nation makes the mandatory authentication of Aadhaar infeasible.
In case of non-authentication of Aadhaar, reports have documented the denial of subsidy food grains to beneficiaries by the subsidy shops. Making this the centrifugal point of his argument, Sibal appealed the five-judge bench to order an interim stay on mandatory linkage of Aadhaar to subsidy-availing schemes.
Justices A K Sikri and DY Chandrachud -- part of the five-judge bench hearing the Aadhaar case -- found merit in Sibal's argument.
"Is it not required of the state to ensure that no one is denied her/his entitlement for want of Aadhaar authentication," asked Justice Chandrachud.
Justice Sikri also voiced his concerns on whether the lack of infrastructure is denying people below the poverty line their rightful due.
However, Chief Justice of India Deepak Misra -- who is presiding over the bench -- refrained from issuing an interim order staying the mandatory linkage of Aadhaar to subsidy schemes. He said the court will not pass any order pertaining to the case without hearing both sides of the argument.
Meanwhile, the counsel representing the Unique Identification Authority of India, led by Attorney General K K Venugopal said the ration shop owners would be violating the law if they deny the subsidy food grains to the poor in case of non-authentication of Aadhaar. They can avail the benefits by merely presenting their Aadhaar number, said Additional Solicitor General Tushar Mehta.
(The above story first appeared on LatestLY on Feb 09, 2018 03:09 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).