Anmol Bhardwaj
Asked June 30, 2016

Mandatory nature of Aadhar Card

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Sir i am a student. सर उत्तर प्रदेश सरकार ने इस साल आधार कार्ड स्कॉलरशिप में अनिवार्य कर दिया है,परुन्तु सुप्रीम कोर्ट ने अंतिम फसला करते हुए इसको अनिवार्य नहीं किया है। तो क्या हम उत्तर प्रदेश सरकार के अगेंस्ट pil या किसी और प्रकार से case file कर सकते है।

Answer 1

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SAURABH KUMAR

As per the Supreme Court of India in a case, Supreme Court has made Aadhar Card  necessary for[1]:

  • Public Distribution System (PDS)
  • For getting the benefits of LPG Subsidy scheme.
  •  

    As a result, Aadhar Card is not necessary for scholarship programmes. Thus, you may consider filing a Public Interest Litigation in the High Court or the Supreme Court.

     

     

     

     A PIL can be introduced by the court itself (on becoming aware about the incident/issue through media or otherwise) or aggrieved party (Person affected by the action) or even a third party. Even letters to the court are considered as initiations for PILs. An individual, group or institution/organisation can file a PIL (literally anybody) The following conditions should be satisfied: a. The issue should pertain to a disadvantaged section of the society. b. The issue should have arisen due to the breach of public duty or violation of the Constitution (constitutional rights should be violated - It should be kept in mind that the constitution guarantees a decent life and therefore, the ambit for interpretation is large)   c. The person who is taking up this matter to the court should have sufficient interest - this would not be a big deal as the law and the decisions encourages public spirited citizens to take up the matters of less-privileged and disadvantaged people to court when there is denial of justice.

     

     

     

    You can follow these steps-

    1. Make an informed decision to file a case. 2. Consult all affected interest groups. 3. Be careful in filing a case because  

    • Litigation can be expensive and time consuming.
    • Litigation can take away decision making capability/strength from communities.
    • An adverse decision can affect the strength of the cause.
    • Litigation involvement can divert the attention of the community away from the real issue.

    4. If you have taken the decision-  

    • Collect all the relevant information
    • Be meticulous in gathering detail that would be helpful to you in the case. If you plan on using photographs, retain the negatives and take an affidavit from the photographer. Retain bills.
    • Write to the relevant authorities and be clear about your demands.
    • Maintain records in an organized fashion.
    • Consult a lawyer on the choice of forum.
    • Engage a competent lawyer. If you are handling the matter yourself make sure you get good legal advice on the drafting.
    • You may have to issue a legal notice to the concerned parties / authorities before filing a PIL. Filing a suit against the government would require issuing a notice to the concerned officer department at least two months prior to filing.

    5. If you are filing PIL in High Court, then two copies of the petition have to be filed. Also, an advance copy of the petition has to be given to the opposing party. 6. If you are filing a PIL in the Supreme Court, then five sets of petition have to be filed. The opposite party is served the copy only when notice is issued. 7. A PIL may be filed like a written petition or like any other case in the court. 8. The judge may appoint a commissioner, to inspect allegations, in the middle of the case. 9. After filing of replies, by opposite party, and rejoinder by the petitioner, final hearing takes place, and the judge gives his final decision.

     

    Since in this case, you suffered a major public wrong, you could file a PIL.

     

    [1] Matthew Thomas V Union Of India.

    Agree Comment 0 Agrees 11 months ago

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