Khushi Gupta
Published on: April 5, 2022 at 18:01 IST
The Delhi High Court dismissed a Public Interest Litigation (PIL) Petition challenging the Mandatory requirement of Aadhaar to avail food grains under the National Food Security Act (NFSA).
Case Title: Delhi Rozi-Roti Adhikar Abhiyan Vs. Union of India & Ors
A Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla, taking into consideration the Supreme Court Judgments Justice K.S. Puttaswamy and Another Vs. Union of India and Others observed that Aadhaar has to be made Obligatory to avail a Scheme involving Benefits.
“It is not Articles 14 or 19 that it cannot be Repealed. The National Food Security Act is not a Basic Structure in that sense. It is Right Conferred by Parliament on certain Section of people with a view to provide foods security. Now if they have tied it up with Aadhar to identify persons and ensure that there is no leakage then what remains,” the Bench said.
Counsel for the Petitioner raised an important question – ‘whether under the Aadhaar Act, there can be a Mandatory direction that one must have Aadhaar cards to Avail the Benefits of the National Food Security Act’.
The Bench replied saying, “Our understanding of the Supreme Court judgment in Puttaswamy and Aadhar act is that if you wish to avail any beneficial scheme that you could be required to have Aadhar cards … Parliament has enacted both the acts and they have said you will get the Benefits in certain conditions”.
“It is not a dole. The right given under the National Food Security Act is not a dole. It is a right. My point is if it is a Fundamental Right or Legal right then there is a distinction,” the Petitioner added.
The Bench, however, disagreed. “The Supreme Court does not say Legal Right, you say that … How do you say it is not a dole? It is a dole,” the Court remarked.
The Bench thus dismissed the Petition.
Also Read: Karnataka HC directs Centre & State Govt to be cautious on Illegal Aadhar Enrollment
