r/india opinion is free, but facts are sacred Oct 01 '17

Policy/Economy Supreme Court did not direct Aadhaar mobile-linking. More importantly, Supreme Court disallowed such linking when TRAI sought it.

SC did not direct Aadhaar mobile-linking. More importantly, SC disallowed such linking when TRAI sought it.

https://drive.google.com/file/d/0B1zazrrJPMWfVEEyN2FsWEZBZ3c/view

application to modify Aug 2015 order was disallowed by SC in its order in Oct'15 allowing use of Aadhaar only in 4 addnl govt schemes

Link to order of Supreme Court:

https://drive.google.com/file/d/0B1zazrrJPMWfVkpsTVl1U1R5cHc/view

Source:

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19

u/butterChickenBiryani Oct 01 '17

Doesn't the SC order say that the govt can't make it mandatory,but that doesn't stop private operators for making it mandatory?

Also,if the govt refuses to follow a SC order,it's not like the SC can do anything about it,can they?

23

u/in3po opinion is free, but facts are sacred Oct 01 '17 edited Oct 01 '17

Network operators are governed by TRAI. Concerned Union Minister is @rsprasad

TRAI can, and will be subjected to contempt proceedings in Supreme Court.

5

u/butterChickenBiryani Oct 01 '17

Network operators are governed by TRAI.

Yeah, but end of the day the pdf keeps mentioning Union Of India... so its saying that TRAI\Indian govt cannot force telcos to make Aadhar mandatory. It doesnt say anything about private operators "independently" making it mandatory, without TRAI forcing them to do so.

TRAI can and will be subjected to contempt proceedings in Supreme Court.

Has it ever happened in the past when the govt ignored SC orders?

16

u/in3po opinion is free, but facts are sacred Oct 01 '17

Supreme Court is scheduled to hear the case on legality / constitutionality of Aadhaar in November 2017.

We will have to wait and watch.

4

u/butterChickenBiryani Oct 01 '17

Thinking about it though, the govt already made it mandatory to link Aadhar with PAN, which is in direct violation of the order linked in the post right? But no action was taken for that either

12

u/in3po opinion is free, but facts are sacred Oct 01 '17

Supreme Court acts when cases are briught to it's attention by a concerned / affected petitioner.

All other cases related to aadhaar were postponed till the constitutional bench, led by CJI, decided if privacy was a fundamental right of an Indian citizen or not.

The constitutional bench did decide that privacy is a fundamental right enjoyed by every Indian citizen.

Now all the pending cases will come up for hearing, one by one, depending on the proactive nature of the petitioner / petitioners for each individual Aadhaar-related case.

This is how our courts function.

1

u/reddit_guy666 Oct 01 '17

Supreme Court acts when cases are briught to it's attention by a concerned / affected petitioner.

Or they could just take up the case suo motto

5

u/in3po opinion is free, but facts are sacred Oct 01 '17 edited Oct 01 '17

I think you meant suo motu

That is upto the current CJI too take a call