Government of India
Ministry of Finance
Department of Expenditure
Direct Benefit Transfer
No. 1-11011/112/2013-DBT-PF Dated the 24th March, 2015.
Sub: WP (C) No. 494/2012 – Justice K.S. Puttaswamy (Retd.) vs. UOI -Adherence of Supreme Court’s Order dated 23.9.2013.
The undersigned is directed to refer to Cabinet Secretariat’s I.D.No. 213/2/5/2012-CA.IV dated 20th March, 2015 (copy enclosed) and copy of letter No. CS-4491/15 dated 16th March, 2015 (copy enclosed) of Solicitor General of India conveying the observations of the Hon’ble Supreme Court for strict compliance/adherence of the Order dated 23.9.2013. The Hon’ble Court in the above matter has directed on 16.3.2015 that the Order that was passed by the Court on 23.9.2013 should be adhered to by all the authorities, i.e. Union of India, all States and all other authorities within the meaning of the Constitution of India. The operative portion of the Order dated 23.9.2013 is reproduced below to ensure the compliance/adherence by all concerned:-
In the meanwhile, no person should suffer for not getting the Adhaar card inspite of the fact that some authority had issued a circular making it mandatory and when any person applies to get the Adhaar Card voluntarily, it may be checked whether that person is entitled for it under the law and it should not be given to any illegal immigrant.
2. For getting subsidy benefit and benefits under Government social welfare schemes, no one should be denied any benefits for want of Aadhaar number. However for containing corruption, improved delivery of benefits to the eligible beneficiaries and reducing cost of management of schemes, beneficiaries be advised, motivated and suggested to obtain Aadhaar number for seeding the same in beneficiary data base of schemes.
Sd/- Nidhi Khare
Joint Secretary (DBT)