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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

Amit Shah counters delimitation concerns, says southern states to gain Lok Sabha seats

Amit Shah assures Parliament that southern states will gain Lok Sabha seats after delimitation, countering opposition criticism during the women’s reservation debate.

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Amit Shah

Union Home Minister Amit Shah on Thursday addressed concerns over the proposed delimitation exercise, asserting in the Lok Sabha that southern states will not lose representation but instead see an increase in their number of seats.

His remarks came during a heated debate linked to the implementation of women’s reservation, where opposition parties have raised fears that population-based delimitation could reduce the political weight of southern states.

Shah rejected these claims, calling them misleading, and said the proposed framework ensures fairness while expanding the overall strength of the Lok Sabha.

Seat count to rise with expansion of Lok Sabha

The government has indicated that the total number of Lok Sabha seats could increase significantly as part of the delimitation process. In this expanded House, the combined representation of southern states is expected to rise from 129 seats at present to around 195 seats.

Shah emphasised that no state will lose seats in absolute terms, and the exercise is designed to reflect population changes while maintaining balance across regions.

State-wise projections shared in Parliament

During his address, Shah also provided indicative figures for individual southern states, suggesting notable increases in representation. According to the projections:

  • Tamil Nadu could see its seats rise substantially
  • Kerala, Telangana, and Andhra Pradesh are also expected to gain additional seats
  • Karnataka’s representation may increase as well

These figures were presented to counter the argument that delimitation would disproportionately favour northern states.

Political debate intensifies over linkage with women’s quota

The delimitation exercise has been closely linked to the rollout of women’s reservation, which proposes one-third seats for women in Parliament and state assemblies.

Opposition leaders have questioned this linkage, arguing that tying reservation to delimitation could delay its implementation and raise federal concerns. Some leaders have also warned that the move could impact national unity if apprehensions among states are not addressed.

The government, however, maintains that the reforms are necessary to ensure equitable representation and to align the electoral system with demographic realities.

Centre dismisses ‘false narrative’ on southern states

Shah reiterated that concerns about southern states losing influence are unfounded. He said the delimitation process will increase representation across regions and described the criticism as a “false narrative” aimed at creating confusion.

The issue is expected to remain a key flashpoint as Parliament continues discussions on the women’s reservation framework and related legislative changes.

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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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PM modi

Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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Give all tickets to Muslim women, Amit Shah says, attacking Akhilesh Yadav on sub-quota demand

A sharp exchange between Amit Shah and Akhilesh Yadav in Parliament over sub-quota for Muslim women highlights key divisions on women’s reservation implementation.

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A heated exchange broke out in Parliament during discussions on the women’s reservation framework, with Union Home Minister Amit Shah and Samajwadi Party chief Akhilesh Yadav locking horns over the demand for a sub-quota for Muslim women.

The debate unfolded as the government pushed forward key legislative measures to implement 33% reservation for women in the Lok Sabha and state assemblies.

Akhilesh Yadav argued that the proposed reservation must ensure representation for women from marginalised communities, including Other Backward Classes (OBCs) and Muslim women. He said that without such provisions, large sections could remain excluded from political participation.

He also questioned the timing of the bill, alleging that the Centre was avoiding a caste census. According to him, a census would lead to renewed demands for caste-based reservations, which the government is reluctant to address.

Government rejects religion-based quota

Responding to the demand, Amit Shah made it clear that reservation based on religion is not permitted under the Constitution.

He stated that any proposal to provide quota to Muslims on religious grounds would be unconstitutional, firmly rejecting the idea of a separate sub-quota for Muslim women within the broader reservation framework.

The government has maintained that the existing framework already includes provisions for Scheduled Castes (SC) and Scheduled Tribes (ST) women within the overall reservation structure.

Wider political divide over implementation

The issue of sub-categorisation within the women’s quota has emerged as a major flashpoint, even as most opposition parties broadly support the idea of women’s reservation.

Samajwadi Party leaders reiterated that their support for the bill depends on inclusion of OBC and minority women, while the government continues to defend its constitutional position.

The debate is part of a broader discussion during the special Parliament session, where multiple bills linked to delimitation and implementation of the women’s quota are being taken up.

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