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Aadhaar not required for NEET, other all India exams, rules Supreme Court

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Aadhaar not required for NEET, other all India exams, rules Supreme Court

The Supreme Court on Wednesday, March 7 ruled that Aadhaar cards would not be mandatory students appearing in NEET 2018 and other all India exams.

Delivering the order, a five-judge Constitution bench, headed by Chief justice Dipak Misra and comprising Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan, directed the CBSE to upload the information on their website.

The CJI, addressing the respondents, said that they need to follow the court’s interim order which said Aadhaar cannot be made mandatory.

Earlier, in the morning, the Unique Identification Authority of India (UIDAI) had told the apex court that it has not authorised CBSE to mandatorily take Aadhaar number of students to get themselves enrolled for appearing in NEET 2018 examination.

Attorney-General KK Venugopal had said he has instructions from UIDAI that like in Jammu and Kashmir, Meghalaya and Assam other identity proofs like passport, voter card and ration card can be used by the CBSE for enrolling the students in the examination.

The UIDAI’s remarks came on a plea challenging the decision of CBSE seeking Aadhaar number or Aadhaar enrolment number from students who are aspiring to take up the NEET 2018 examination.

The Gujarat High Court had dismissed the plea on February 27 and its order was challenged in the Supreme Court.

Senior counsel Arvind Datar, arguing for petitioners, said that the forced use of Aadhaar for availing of several services is amounting to almost coercion. He gave the example of a driving licence (Motor vehicles Act), where you will not be deprived of benefits accruing because you do not have a licence.

He made a clear point in this. He said: “If it wasn’t a money bill and had gone to the Rajya Sabha, Section 57 of the Aadhaar Act wouldn’t have been passed.”

[Section  57 says that the Act is “not to prevent use of Aadhaar number for other purposes under law. Nothing contained in this Act shall prevent the use of Aadhaar number for establishing the identity of an individual for any purpose, whether by the State or any body corporate or person, pursuant to any law, for the time being in force, or any contract to this effect…”]

Datar said: “Consent is said to be free without any coercion, but in the present scenario there’s a coercion; so much so that if your Aadhaar is not linked your account will be closed.”

He said: “To enroll or not to enroll is my wish. When I exercise this right, I do not exercise in reference to Sec.3 of the Aadhaar Act, but because of my right to privacy. Under rule of law, is it permissible to coerce at every stage? This is what your lordships must decide. Sec.8(2)(a) is rendered irrelevant now, because the consent part has been removed by authorities under this section and will be closed on this March 31,” he said.

[Sec.8(2)(a) of Aadhaar Act says: “unless otherwise provided in this Act, obtain the consent of an individual before collecting his identity information for the purposes of authentication in such manner as may be specified by regulations.”]

He said Aadhaar is a choice. “But if I don’t take Aadhaar, I cannot link it with PAN card which has been mandated. This will mean as if I never had a PAN card because it will cancel my PAN card. After Puttuswamy case, this is my decision with my privacy, on whether to take Aadhaar or not. Article 14,19  and 21 entitles me not to take Aadhaar.”

Datar pointed out various orders of the court. “Twenty nine applications were made for relaxing the orders of the court which prayed that Aadhaar must not be mandatory for filling of forms. It is voluntary,” he said.

He also said: “A total of 2,000 applicants could not fill forms for their exams in state of Gujarat, because they did not have Aadhaar.”

At this point that the CJI said that this writ was useless. Justice Misra said that the high court’s interim stay, saying Aadhaar cannot be made mandatory will have to be abided by.

Justice Chandrachud also made it clear that the interim order passed in October 2015 will stay till the time matter is disposed off.

Extension of deadline

One senior advocate also mentioned that the deadline for linking of documents to Aadhaar must also be extended beyond March 31.

Chidambaram submits

Senior advocate P Chidambaram, starting his submission, said that the Aadhaar bill has been passed as a money bill so as to bypass the Rajya Sabha. He pointed to Article 110 and he pointed out the difference between 117 (financial bill) and 110 (money bill). He said that a financial bill can be a bill which is related to provisions from a-f and others also but a money bill can only be related to provisions between a-f.

A money bill is a subset of financial bill which is a subset of a bill. He submits that nothing escapes in a guise of a money bill.

The matter continues.

India News

LPU students protest over reported rape allegation, police call it rumour

Students at Lovely Professional University protested over a reported rape allegation involving a worker, with police describing the claim as a rumour.

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Students of Lovely Professional University (LPU) in Punjab staged a protest after an allegation involving the reported rape of a student by a worker at the university surfaced.

The protest led to disruption around the university, with students taking to the streets and blocking the Jalandhar-Phagwara National Highway, according to the report.

The allegation triggered anger among students, who demanded action over the reported incident.

Police describe rape claim as rumour

Police, however, described the rape claim as a rumour, indicating that the allegation had not been established as a confirmed incident.

The distinction is important because the reported sexual assault allegation should not be treated as a confirmed rape unless investigators or other authoritative sources establish that fact.

The protests nevertheless continued as students sought clarity and action over the issue.

Protest disrupts traffic

The student demonstration also affected traffic on the Jalandhar-Phagwara National Highway. The protest brought attention to the allegations and the concerns being raised by students at the university.

With police calling the claim a rumour, further verification and investigation would be necessary to establish what actually happened.

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INDIA bloc likely to meet on September 30 over Gyanesh Kumar row

INDIA bloc parties are likely to meet in New Delhi on September 30 amid growing opposition to Chief Election Commissioner Gyanesh Kumar and the Special Intensive Revision of electoral rolls.

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Rahul-Gandhi

Opposition parties belonging to the INDIA bloc are set to meet in New Delhi on September 30 to discuss concerns surrounding the Election Commission, the Special Intensive Revision (SIR) of electoral rolls and a proposed removal motion against Chief Election Commissioner Gyanesh Kumar.

The proposed meeting comes amid growing coordination among opposition parties over the functioning of the poll panel and demands for action against Chief Election Commissioner Gyanesh Kumar. The parties are also discussing a possible joint response to the developments.

Why is the INDIA bloc meeting being planned?

The INDIA bloc meeting on September 30 comes amid reports of objections within the Election Commission over certain decisions and orders related to the SIR exercise. 

According to the report, Opposition leaders have been discussing a coordinated response to their concerns over the Election Commission and the electoral-roll revision process. 

The issue is also expected to be discussed at the Congress Working Committee meeting scheduled for September 29, a day before the proposed INDIA bloc meeting.

Gyanesh Kumar removal demand in focus

The demand for the removal of Chief Election Commissioner Gyanesh Kumar has become a major point of contention between the Opposition and the Election Commission.

The CPI(M), CPI and CPI(ML)-Liberation have demanded Kumar’s removal and an immediate halt to the SIR exercise. Congress has also intensified its criticism of the CEC.

Opposition parties are also working on a fresh removal motion against Gyanesh Kumar. The September 30 meeting is expected to finalise the strategy for the motion, including the collection of signatures. According to the report, this would be the Opposition’s third such attempt. 

What is the SIR controversy?

The political dispute is linked to the Special Intensive Revision of electoral rolls, or SIR.

The controversy intensified following a report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections on several occasions concerning decisions and orders related to the SIR process.

The Election Commission has said that differing views and observations are part of normal deliberations in a multi-member constitutional body. The poll panel has also maintained that its orders have legal sanction and follow statutory procedures, while stating that the final decisions on the SIR were taken unanimously. 

TMC and Left parties coordinate over the issue

The developments have also brought the Trinamool Congress and the CPI(M) together on the Election Commission issue, despite their political differences in West Bengal.

CPI(M) general secretary M A Baby proposed an immediate meeting to discuss a joint strategy. According to the report, Mamata Banerjee spoke with M A Baby and Leader of Opposition Rahul Gandhi, after which the leaders settled on September 30 for the meeting. 

What could be discussed at the September 30 meeting?

The proposed meeting is expected to focus on:

  • Concerns surrounding the Election Commission
  • The Special Intensive Revision of electoral rolls
  • Opposition demands concerning CEC Gyanesh Kumar
  • A possible fresh removal notice against the CEC
  • A coordinated response by INDIA bloc parties

The exact agenda and participation will depend on the discussions among the opposition parties before the proposed meeting.

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“Will die but won’t give up”: Sahil Wakode’s parents urge IIT students to continue fight 

Sahil Wakode’s parents have appealed to IIT Bombay students to continue their fight for justice amid the ongoing investigation into their son’s death.

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Sahil Wakode

The parents of IIT Bombay student Sahil Wakode have appealed to students to continue raising their voices and fighting for justice following their son’s death.

Sahil Wakode, a second-year student at IIT Bombay, died in his hostel room on September 18. His death has led to student protests and an ongoing investigation by the Mumbai Crime Branch.

What Sahil Wakode’s parents have alleged

Sahil’s parents have alleged that their son faced caste-based discrimination and harassment at IIT Bombay before his death. They have sought action against those they hold responsible and have demanded a thorough investigation into the circumstances surrounding his death.

The family has also called for a CBI inquiry and has sought the arrest of officials named in the case. These remain allegations and are part of the ongoing investigation.

The Mumbai Crime Branch took over the probe after an FIR was registered following the complaint by Sahil’s parents.

IIT Bombay’s position

IIT Bombay has said that Sahil was allegedly caught using a mobile phone during a mid-semester examination and had uploaded the question paper to ChatGPT to seek answers.

The institute has maintained that no disciplinary action had been initiated against him. It said the matter had been discussed with him by the instructor and the Head of the Department, who counselled him and assured him that the incident would not adversely affect his academic career.

The circumstances surrounding Sahil’s death are being investigated by the appropriate authorities.

Investigation continues

The case remains under investigation, with the Mumbai Crime Branch examining the circumstances surrounding Sahil’s death and the allegations made by his family.

His parents have continued to demand justice and action against those they believe were responsible, while the investigation is expected to establish the facts surrounding the case.

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