New Delhi: A review petition has been filed in the Supreme Court on Monday seeking re-examination of its verdict by which the Aadhaar scheme was held as constitutionally valid, said reports. (Also read: Aadhaar No Longer Mandatory For Bank Accounts, Phone Connections)
Senior advocate Indira Jaising said the review petition has been filed against the September 26 verdict of the five-judge constitution bench which said there was nothing in the Aadhaar Act that violated right to privacy of an individual.
The bench, headed by the then Chief Justice of India Dipak Misra, had also upheld the passage of the Aadhaar Bill as a Money Bill by the Lok Sabha. The review petition has been filed by one Imtiyaz Ali Palsaniya who had also filed interim applications when the apex court was examining the validity of the Aadhaar scheme.
The petition has also sought an open court hearing in the matter. The 56-page petition has said it has been preferred in a “narrow compass” seeking to challenge only those aspects of the Aadhaar program as well as the Aadhaar Act, 2016 which were held to be constitutionally valid by the constitution bench.
While declaring the scheme as constitutionally valid, the apex court had struck down some of its provisions including its linking with bank accounts, mobile phones and school admissions.
The constitution bench had held that Aadhaar would remain mandatory for the filing of Income Tax returns and allotment of PAN. “The judgement sought to be reviewed has also not considered a crucial aspect of PAN. Aadhaar linkage, since it fails to satisfy the test laid down by the same court in the very same judgement,” the review plea said.
In its verdict, the apex court had said that Aadhaar would not be mandatory for school admissions, as also for the examinations conducted by the Central Board of Secondary Examination, National Eligibility cum Entrance Test for medical entrance and the University Grants Commission.
The bench had also struck down the national security exception under the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016.
Three sets of judgements were pronounced in the matter. The first one was pronounced by Justice A K Sikri who wrote the judgement for himself, Misra and Justice AM Khanwilkar.
Justice DY Chandrachud and Justice Ashok Bhushan, who were also part of the bench, wrote their individual opinions.