The Government is promoting the JAM economy ( i.e. Jan Dhan, Aadhar, Mobile Number Economy). Most of the state governments have sought to link Aadhar to various programmes. This has made Aadhar card compulsory in these states. But things changed in a resolution passed by the Bombay High Court. The Court said that the students cannot be penalized for not having obtained an Aadhar card. This order came against the PIL filed in the Bombay High Court. The Maharashtra Government wanted to link the school registration numbers with the Aadhar number of the students. Hence, a PIL was filed against this GR (Government Resolution).
Aadhar Card Compulsory?
The Maharashatra Government issued a Government Resolution (GR) on April 21, 2015. This resolution made holding an Aadhar card compulsory for the students. This was because the government wanted to universalize education for all students. Hence the school departments were instructed to make aadhar card compulsory for the students. A copy of Aadhar was to be secured by the school department at the time of admission to the school.
PIL Against the GR Making Aadhar Card Compulsory
A social activist filed a public interest litigation (PIL) in the Bombay High Court against this government resolution.The social activist, Vickram Crishna questioned and challenged this government resolution. This was because it made Aadhar Card Compulsory for students enrolling in schools.
- This public interest litigation was filed in opposition to the orders of the Hon’ble Supreme Court.
- The counsel of Vickram, Mr. Chetan Mali said that The Supreme Court had passed a verdict last year that made aadhar card voluntary for the citizens.
- The litigation questioned the government resolution making aadhar card compulsory on the background of this verdict of the apex court. The Supreme Court allowed the government to make voluntary use of aadhar cards for various schemes. These include Mahatma Gandhi National Rural Employment Guarantee Act, employee’s provident fund,pension schemes, and Prime Minister Jan Dhan Yojna.
- Further, the litigation also said that every student is not in a position to secure an aadhar card due to some social, political or economical reasons.
- The litigation also said that making aadhar card compulsory for students also violates Article 21- A of the Constitution of India. This article guarantees right to education of children, and the Right of Children to Free and Compulsory Education, 2009.
Mumbai High Court Against Making Aadhar Card Compulsory
The Bombay High Court rejected the public interest litigation. This was because the High Court did not consider it a violation of any orders by a superior authority.
- The division bench of Justice Abhay Oka and Justice Amjad Sayed did not consider aadhar card compulsory for students.
- The judges declared that the government resolution was passed to ensure that every child in the state is enrolled for admission in a school.
- But the court also considered Crishna’s plea in regard to the Supreme Court orders. It said that Crishna has the right to bring into notice any violation of a Supreme Court verdict.
- This ensured that any breach of the orders of the Apex Court will not take place in the show of the government resolution making aadhar card compulsory.
- Justice Abhay Oka and Justice Amjad Sayed hence turned down to amuse a PIL in this context.
Hence, the Government resolution to make Aadhar Card Compulsory for students is not an obligation now. The verdict of the Bombay High Court made it clear that any breach of the orders of the Hon’ble Supreme Court would not hold acceptable.
However, having Aadhar Card has a wide range of benefits and that is a strong reason to have an Aadhar Card for yourself. Here’s why you should have an Aadhar Card.