State Can't Challenge Law Passed By Centre, Says SC, Slamming Mamata Govt

| October 30 , 2017 , 11:53 IST

In response to the Mamata Banerjee-led West Bengal government plea challenging the constitutional validity of the Aadhaar card, the Supreme Court on Monday said that a state cannot challenge a law passed by the Union government

The apex court added that if desired West Bengal Chief Minister Mamata Banerjee can approach the court as an individual citizen regarding the linking of Aadhaar cards with social welfare schemes.

"The controversy over Aadhaar needs examination but state government can't file petition against a law passed by Parliament," said a bench comprising of Justices A K Sikri and Ashok Bhushan.

ALSO READ: Privacy Challenge To Aadhaar Scheme May Go To Larger SC Bench

"Individual can file petition against the Act but not a state government. Let CM Mamata Banerjee file plea as a citizen and we will hear her petition," the bench pronounced.

Meanwhile, the Supreme Court also issued a notice to the central government on a plea challenging the mandatory linking of Aadhaar identification cards with mobile connections, ordering the centre to file its response within 4 weeks.

In the wake of the Supreme Court's pronouncement, the West Bengal government has agreed to adjust its petition by not challenging the Aadhaar law as a whole, but by simply challenging the labour ministry's notification on linking of the Aadhaar card.

WB CM Mamata Banerjee had earlier opposed the linking of Aadhaar cards with mobile phone numbers, going so far to say that she would rather her connection be snapped than be forced to link it with Aadhaar card.  

"Aadhaar number should not be linked with one's mobile phone. I will not link my Aadhaar number with my mobile even if my connection is snapped," said Mamata at a party meeting on October 25.