Aadhar linking ...State can't, Didi can: SC

TT, New Delhi: The Supreme Court has refused to entertain the Bengal government's petition challenging the Centre's Aadhaar decisions, saying constitutional chaos would descend if states start contesting central laws and vice versa.

The apex court said chief minister Mamata Banerjee was free to file a petition in her individual capacity but the state cannot do so in a federal structure. The chief minister has refused to link her Aadhaar number to that of her mobile phone.

Later, Mamata said in Calcutta: "We accept the court order. We have the highest respect for the court. The court did not reject our plea. The court asked individuals to apply. So far as I know, some people have already filed petitions."

In the court, senior advocate Kapil Sibal, appearing for the Bengal government, initially defended the state's decision to file a petition but later offered to amend the petition, which was allowed by a bench of Justices A.K. Sikri and Ashok Bhushan.

Nearly a month ago, the Bengal government had filed a petition challenging the Centre's push to make Aadhaar cards mandatory for extending social benefit schemes.

On Monday when the matter came up for hearing, Justice Sikri said the state had no authority to challenge a central law.

"How can state of West Bengal in a federal structure challenge a central act by way of a petition? Except state of West Bengal, no other state has challenged it. How can one state challenge it?" Justice Sikri, heading the bench, asked Sibal.

The senior advocate said there was nothing wrong as the issue involved also the release of subsidised grains for marginalised sections of the society.

"Mr Sibal, you are a mature person, how can one state challenge a central law? Mr Sibal, let Ms Mamata Banerjee file a petition in her individual capacity, we will examine it. We are saying these are matters which need consideration but how is state concerned?" the bench asked.

Sibal said the state would argue the matter as it involved matters of subsidy.

"Mr Sibal, you are challenging the vires of the law. How can one state challenge it?" Justice Sikri said.

The other judge, Justice Ashok Bhushan, said: "You can amend the petition, we will examine it."

Justice Sikri said: "Tomorrow, the Centre will start challenging the laws passed by states or states will challenge laws passed by other states."

Sibal then relented and said the petition would be amended. The court granted the state four weeks to do so.

(Shared by Kalimpong News: Source & Courtesy:  https://www.telegraphindia.com/india/state-can-t-didi-can-sc-182277)