Did Karnataka HC mandatory use of Aadhar for PDS?

The Karnataka High Court has ordered the concerned government departments to provide subsidised foodgrains to a petitioner without the production of an Aadhaar card.

. This order was passed by Justice AS Bopanna in a writ petition filed in 2016 by one Sukanga GS. As per a report in The New Indian Express , Sukanya had challenged an endorsement issued by the Food and Civil Supplies Department in August 2016, denying her ration as she had not produced her Aadhaar card.

. Interestingly, the order of the High Court comes at a time when the Central government has made Aadhaar mandatory for availing benefits under PDS scheme.

. As per the February 8 notification issued by the Ministry of Consumer Affairs, Aadhaar card is mandatory for availing subsidised food grains from ration shops.

. However, it isn’t clear what impact this order will have on the February 8 notification, but what is clear is that the relief has been granted to the petitioner, which is evident from the wordings of the order,

. “ In the meanwhile, interim stay and it is further directed that the respondent shall disburse ration to which she is entitled even without production of Aadhar Card ”

. The February 8 notification was issued with a view to effectuate the provisions of the National Food Security Act, 2013 (NFSA), which was implemented in November of last year. The NFSA was enacted,

. “ to provide for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity. ”

. As per the provisions of the NFSA , the eligible persons will be entitled to receive 5 Kgs of foodgrains per person per month at subsidised prices of Rs. 3/2/1 per Kg for rice/wheat/coarse grains.

. The notification, issued under the Aaadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 , came into effect from February 8 in all states and UTs except Assam, Meghalaya and Jammu & Kashmir. Those not having Aadhar have been given until June 30th to avail the same, pending which they will have to furnish proof to the effect that they have applied for one.

. The passage of the 2016 Act has by itself met with sever criticism for having been passed as ‘money bill’ when, infact, it wasn’t.

. And while the debate over making Aadhaar mandatory has been on for a long time, the Supreme Court in October 2015 had also validated the concern by making furnishing of Aadhar for public services ‘voluntary’. The Court had said that no one could be denied such services for lack of Aadhar verification.

. Reaffirming the 2015 order, the Supreme Court in September 2016 ruled that Aadhaar could not be made mandatory in the government’s central and state scholarship schemes. The apex court while giving permission to the Centre to use Aadhaar details for certain schemes like PDS, MNREGA, EPS etc. did not talk about permission to make it mandatory .

. In fact, both the orders passed by the Supreme Court spelt out that Aadhaar is a voluntary scheme and it cannot be made mandatory till the matter is finally decided by a constitution bench of the Supreme Court.

Did Karnataka HC mandatory use of Aadhar for PDS?

Varun Marwah

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