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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.

Entertainment

The Sabarmati Report: PM Modi praises film based on Godhra train burning incident, says truth coming out

The Prime Minister’s remarks came in response to an X user who had shared a video of the film’s trailer, which was released on Friday.

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Prime Minister Narendra Modi on Sunday praised the film ‘The Sabarmati Report’, based on 2002 Godhra train incident, saying the truth is coming to out.

He expressed his thoughts on social media platform X, saying, “Well said. It is good that this truth is emerging, especially in a manner accessible to the general public. A deceptive narrative can only last for so long. Ultimately, the facts will prevail!”

The Prime Minister’s remarks came in response to an X user who had shared a video of the film’s trailer, which was released on Friday.

‘The Sabarmati Report’ focuses on the tragic incident involving the burning of the S-6 coach of the Sabarmati Express near Godhra station in Gujarat on February 27, 2002, resulting in the deaths of 59 Hindu pilgrims returning from Ayodhya. This event ignited widespread riots in Gujarat that year.

Directed by Dheeraj Sarna, the film is produced by Shobha Kapoor, Ektaa R Kapoor, Amul V Mohan, and Anshul Mohan, and features actors Vikrant Massey, Raashii Khanna, and Ridhi Dogra.

In response to PM Modi’s commendation, producer Ekta Kapoor expressed her gratitude, highlighting that his praise provided a significant morale boost for the film’s team. Resharing the Prime Minister’s post, she wrote in Hindi on X: “Respected Prime Minister, thank you very much for your encouraging words about #TheSabarmatiReport. They have invigorated our spirits. Your recognition of #TheSabarmatiReport confirms that we are on the right path. Thank you for your love and support.”

This is not the first instance of PM Modi praising a film. In 2022, he lauded Vivek Agnihotri’s ‘The Kashmir Files’. He stated, “History must be conveyed in the correct context. Books, poetry, literature, and films all play a crucial role in this. You’ve likely heard the discussions surrounding ‘The Kashmir Files’; it has certainly ruffled the feathers of those who champion freedom of expression.” The film depicts the 1990 exodus of Kashmiri Pandits from the Valley and features Anupam Kher, Pallavi Joshi, Mithun Chakraborty, Darshan Kumar, among others.

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Nitin Gadkari slams Rahul Gandhi after he compares Modi to Biden over memory loss

Gandhi, the Leader of Opposition in the Lok Sabha, on Saturday took a swipe at the Prime Minister, saying Modi is suffering from memory loss like the outgoing United States president.

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Union Minister Nitin Gadkari on Sunday slammed Congress leader Rahul Gandhi after the latter compared Prime Minister Narendra Modi to outgoing US President Joe Biden over memory loss, saying Gandhi should not be taken seriously.

The senior BJP leader expressed confidence that the people of Maharashtra would support the BJP-led Mahayuti alliance in the upcoming state Assembly elections on November 20.

“The way Rahul Gandhi speaks, nobody takes him seriously. I think people should not take his remarks seriously,” Gadkari said while speaking to PTI.

Gandhi, the Leader of Opposition in Lok Sabha, on Saturday took a swipe at the Prime Minister, saying Modi is suffering from memory loss like the outgoing United States president.

During an election rally in Maharashtra’s Amravati on Saturday, Gandhi said: “My sister was telling me that she listened to PM Modi’s speech. She said that these days Modi ji is essentially repeating whatever we say. Perhaps he has suffered memory loss. Like the former President of America. He used to forget things and had to be reminded from behind about what to say, and what not to.”

The Rae Bareli MP commented on the incident where Biden mistakenly called Ukrainian President Volodymyr Zelenskyy “President Putin” during the NATO summit held in Washington in July.

Gadkari, responding to Gandhi’s allegations about PM Modi suffering from memory loss like Biden, hit out at the Congress leader for speaking irresponsibly.

On Maharashtra Deputy Chief Minister Ajit Pawar’s dissent regarding Uttar Pradesh Chief Minister Yogi Adityanath’s ‘batenge toh katenge’ remark, which suggested increasing tensions within the Mahayuti alliance, Gadkari downplayed the issue, stating, “First of all, we are different parties, and it is not necessary that we share the same opinion.”

He elaborated that “the media also distorts what is said. This creates misconceptions. The call for unity was to unite against terrorism and Naxalism”.

On being asked about the challenges confronting the Mahayuti alliance following its less-than-stellar performance in the recent Lok Sabha elections, Gadkari attributed the results to the confusion propagated by the Opposition. “A narrative was created that if we win 400-plus seats, we will amend the Constitution drafted by Dr. Babasaheb Ambedkar.”

Gadkari strongly denied these assertions, saying, “There is no question of changing the Constitution. We will neither do it, nor allow others to do it. Now people have realised that the campaign by the opposition during the Lok Sabha polls was based on lies, and they have decided to support with positivity the Mahayuti in Maharashtra under PM Modi’s leadership.”

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Rahul Gandhi says continuing bloodshed in Manipur deeply disturbing

The former Congress chief urged the Prime Minister to work towards restoring peace and healing in the Valley.  

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Urging Prime Minister Narendra Modi to visit violence-hit Manipur, Leader of Opposition in the Lok Sabha Rahul Gandhi said that the recent string of violent clashes and continuing bloodshed in Manipur is deeply disturbing.

The former Congress chief urged the Prime Minister to work towards restoring peace and healing in the Valley.  

“After more than a year of division and suffering, it was the hope of every Indian that the Central and State governments would have made every effort at reconciliation and found a solution,” Gandhi said in a post on X.

On Friday night, three bodies, believed to belong to six individuals who had gone missing from the Jiribam district, were found near the confluence of the Jiri and Barak rivers along the Manipur-Assam border.

Following the development, the residences of two Ministers and three MLAs were attacked by protesters in Manipur’s Imphal on Saturday. The protesters were seeking justice for the murder of three persons in the Jiribam district.

In view of the situation, the government suspended internet services in seven districts, and a curfew was imposed. A mob also attacked the residence of Health and Family Welfare Minister Sapam Ranjan in the Lamphel Sanakeithel area.

In the Sagolband area, agitators gathered outside the residence of BJP legislator RK Imo, who is also the son-in-law of Chief Minister N Biren Singh, expressing demands for an appropriate response from the government regarding the killings and urging authorities to arrest the culprits within 24 hours.

The protesters who went to meet with independent legislator Sapam Nishikanta Singh at his residence on Tiddim Road vandalised the office of a local newspaper owned by him after knowing he was out of state. The mob reportedly destroyed several temporary structures in front of the office.

Imphal West, Imphal East, Bishnupur, Thoubal, Kakching, Kangpokpi and Churachandpur were the districts where the internet services were suspended for two days, as per the reports.

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