LI Network
Published on: December 23, 2023 at 12:41 IST
The Delhi High Court has refused to direct the linking of Aadhaar with property documents, asserting that the exercise falls within the domain of policy-making and is beyond the scope of judicial intervention.
Justice Rajiv Shakdher and Justice Girish Kathpalia emphasized that judicial review would only be applicable once a policy is framed and implemented by the executive.
The bench stated, “We are of the considered view that the exercise of linking Aadhar Cards with transactions related to property – movable as well as immovable, basically falls in the domain of policy making and consequently, beyond the scope of judicial intervention. It is only once a policy is framed and/or acted upon by the executive that the decision would be open to judicial scrutiny.”
The petitioner, a practicing advocate, sought directions against the Union of India and the Government of NCT of Delhi, contending that linking Aadhaar to property transactions would combat corruption, black money generation, and improve governance.
The court directed the respondents to consider the petition as part of the petitioner’s representation and deliberate on it.
After necessary deliberations involving the petitioner and other stakeholders, including potential public consultation, the respondents were instructed to dispose of the matter within eight weeks of receiving a copy of the order.
The court dismissed the petition accordingly.
Case Title: Ashwini Kumar Upadhyay v Union Of India & Anr.
