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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.

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Champat Rai, Anil Mishra get clean chit in Ram Temple donation theft case 

The SIT probing alleged donation theft at the Ayodhya Ram Temple has cleared former Trust general secretary Champat Rai and former member Anil Mishra.

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The Special Investigation Team (SIT) probing alleged irregularities in donation management at the Ayodhya Ram Temple has cleared former Shri Ram Janmabhoomi Teerth Kshetra Trust general secretary Champat Rai and former Trust member Anil Mishra.

The Uttar Pradesh Home Department on Monday handed over the SIT’s final report to the Trust, which will now take further action based on the findings.

Rai and Mishra had resigned from their positions on June 27 after allegations of donation theft emerged. The two former Trust members were subsequently questioned by the SIT about the temple’s donation management process.

Champat Rai denied involvement in donation theft

According to sources, Champat Rai told investigators during questioning that he had no role in the alleged theft. He reportedly said that the suspects were arrested following his complaint.

Rai also told the police that ensuring there were no irregularities in donation collection was part of his responsibility and that he acted after learning about the alleged wrongdoing.

SIT was formed before Supreme Court intervention

The three-member SIT was constituted by the Uttar Pradesh government on June 13 at the request of the Shri Ram Janmabhoomi Teerth Kshetra Trust.

Lucknow Divisional Commissioner Vijay Vishwas Pant headed the panel. Range Inspector General Kiran S and Special Secretary (Finance) Neel Ratan Kumar were the other members.

The SIT submitted its preliminary report to the state government on June 23 and made several stringent recommendations.

Following the preliminary report, Trust member Krishnamohan filed a written complaint at the Shri Ram Janmabhoomi police station. An FIR was subsequently registered on June 25.

Eight people named in FIR

The FIR named Avinash Shukla, Anukalp Mishra, Lavkush Mishra, Manish Kumar Yadav, Karunesh Pandey, Ramashankar Mishra, Subhash Srivastava and Ram Shankar Yadav, alias Tinnu, along with other unidentified individuals.

According to the provided report, all eight named accused were arrested and booked under relevant provisions of the Bharatiya Nyaya Sanhita and Section 13(1)(a) of the Prevention of Corruption Act.

The SIT’s preliminary findings also formed the basis for subsequent FIRs and arrest-related action in the case.

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Himanta Sarma accuses Sonia, Rahul of provoking unrest over Vande Mataram row

Assam CM Himanta Biswa Sarma criticised Sonia and Rahul Gandhi over the Vande Mataram controversy and accused Congress of provoking unrest.

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Himanta sharma

Assam Chief Minister Himanta Biswa Sarma on Monday criticised Congress leaders Sonia Gandhi and Rahul Gandhi over the controversy surrounding the rendition of Vande Mataram at the party headquarters in New Delhi on Independence Day.

Sarma questioned how the Congress would govern if it returned to power, alleging that the conduct of its senior leaders during the national song had raised concerns.

“During Vande Mataram, the way Sonia Gandhi behaved and the song was stopped midway clearly indicates that if Congress mistakenly comes to power, the country will face a worse situation,” Mr Sarma said.

The Assam Chief Minister also accused Sonia Gandhi and Rahul Gandhi of encouraging protests in the name of Gen Z.

“Sonia Gandhi and Rahul Gandhi have almost taken a decision to oppose the country in the name of Gen Z. They are provoking people to protest and trying hard to create a bad environment in the country,” he said.

Sarma further alleged that such actions could contribute to instability in the country.

“I am not bothered about these things, but these people are working against the country and provoking the people of the country to protest and bring anarchy,” he said.

What triggered the Vande Mataram controversy

The political row erupted after footage from the Congress Independence Day programme on August 15 surfaced on social media. The video showed senior Congress leaders, including Sonia Gandhi, Rahul Gandhi and Mallikarjun Kharge, during the rendition of Vande Mataram.

BJP leaders have interpreted gestures seen in the footage as an attempt to interrupt the national song. The Congress, however, has rejected that interpretation.

The issue has since become a political flashpoint, with BJP leaders accusing the Congress of disrespecting Vande Mataram.

A complaint seeking action against Sonia Gandhi and Rahul Gandhi over the alleged disruption is also being examined by the Delhi Police.

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BJP unveils 64-member national team with 3 former CMs, 18 MPs and 10 women

The BJP’s new 64-member national team includes three former chief ministers, 18 sitting MPs and 10 women, with representation from 23 states and Union Territories.

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The BJP’s new 64-member team of national office bearers brings together former chief ministers, sitting MPs, women leaders and representatives from different social and regional groups as the party prepares for the 2029 Lok Sabha election.

The team, headed by BJP national president Nitin Nabin, includes three former chief ministers, 18 sitting MPs and 10 women leaders. More than 40 per cent of the members belong to deprived communities, according to the details of the appointments.

Northeast gets special focus

The new organisational team includes leaders from 23 states and Union Territories, giving the party’s national leadership a broad geographical representation.

The Northeast has received particular attention, with three leaders from Tripura, Assam and Nagaland included in the team. The BJP’s North-East Coordination Cell will also continue to function under the leadership of Sambit Patra.

The team includes four tribal representatives, with one each from West Bengal, Madhya Pradesh, Maharashtra and the Northeast. Two of these representatives are women.

Three members from Uttar Pradesh, Tamil Nadu and Madhya Pradesh represent the Scheduled Castes in the new team.

Representation across communities

The BJP’s national office bearers also include 10 experienced women leaders from different parts of the country.

The team has representation from different religious communities, including one Sikh, two Christians, one Muslim, one Jain and one Parsi member, alongside Hindu leaders.

Former chief ministers and MPs add experience

The organisational team brings considerable administrative and political experience, with former Rajasthan Chief Minister Vasundhara Raje, former Uttarakhand Chief Minister Tirath Singh Rawat and former Tripura Chief Minister Biplab Kumar Deb among the members.

Four leaders with previous experience in the Union government and one sitting Union minister are also part of the team.

The new national office bearers include 18 sitting Lok Sabha and Rajya Sabha members, bringing legislative experience and their connection with constituencies to the organisation.

Professionals and younger leaders add to the team

The team also brings together people from varied professional and academic backgrounds. It includes two professors, four practising doctors, as well as PhD holders, engineers, chartered accountants and lawyers.

The appointments to various Morchas are expected to bring organisational experience, fresh energy and domain expertise to the BJP’s national team.

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