The Delhi High Court on Friday (12.04.2019) issued notice to the Central Government in a plea challenging the Constitutional Validity of the Aadhaar Ordinance 2019. 

The petitioner, Reepak Kansal in its petition states that the Aadhaar ordinance, 2019 violates the basic structure of the Indian Constitution. 

The ordinance was notified by the central Government on March 2, 2019 in its official Gazette. The Indian Telegraph Act and The prevention of Money Laundering Act, has been amended for the ordinance .The amendment of the act has made that it is voluntary for the citizens to use Aadhhar as a Proof of ID.This amendment also makes it clear that Aadhaar card can be used a voluntary ID proof to get a new SIM card and for opening a new bank account. 

The petitioner also stated that the Central Government on 28th February 2019 has issued the Aadhaar Ordinanance, to overturn the judgment of the apex court of India. The Supreme Court of India on 26th September, 2018 had passed a landmark judgment. A 5 judge Constitutional bench of Supreme Court upheld the constitutional validity of the Aadhaar Scheme and it struck down the compulsory use of Aadhaar card for KYC purpose for continuing the mobile connections and bank accounts to prevent exploitation of an individual biometric and demographic information by the Private entities. 

The petitioner also submits that the ordinance which has been passed by the central Government it permits the private sector to ‘use.. The Aadhaar Infrastructure through the back door’. 

The petitioner also further stated that the ordinance needed ‘no immediate action and hurry’ in respect of Article 123(1) of the Indian Constitution. 

The petition also contends that “.. The adamancy of the executive to surpass the legislative supremacy and judicial autonomy is a serious constitutional threat…promulgation of the ordinance is bypassing the democratic process and is a jolt to Constitutional scheme.” 

After viewing the petition, the Delhi High court division bench comprising of Justice Rajendra Menon and Justice Anup J Bhambhani has issued a notice to the Central Government to file its objections to the plea within four weeks. 

The next hearing of the case is on July 2019. 


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