Delhi High Court Dismisses Plea Challenging Mandatory Aadhar Requirement For Availing Ration Under National Food Security Act

"Supreme Court has said that if you wish to avail of state largess, you can be required to have Aadhar cards," the Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla observed at the outset.

It further said that from a combined reading of the judgment in Justice KS Puttaswamy v. Union of India and the Aadhaar Act, it is clear that Aadhaar can be made mandatory to avail welfare schemes.

"Suppose there is a benefit, then it may be necessary to have Aadhaar. Suppose you have a legal right under NFSA which is now constitutional right as per Puttaswamy, then your right can be taken away only on provisions mentioned in Aadhaar Act…Parliament enacted both the Acts; it said you'll get benefit of that (NFSA) Act, it also said you'll get benefit in these terms (prescribed under Aadhaar Act)."

It continued,

"Rights under NFSA are conferred by the Parliament on certain sections of society with a view to provide food security. Now if they (Parliament) have tied it up with Aadhar to ensure that there is no leakage then nothing remains…"

The remarks were made in a plea moved by Delhi Rozi-Roti Adhikar Abhiyan, challenging the notification issued under Section 7 of the Aadhaar Act, 2016.

The petition was dismissed in default on March 30. The organization had today moved an application challenging the said dismissal.

Though the application was allowed, the reliefs sought in the main petition were declined.

The Petitioner had argued that right to food is a Fundamental Right. Hence, distribution of ration cannot be classified as a "benefit".

The Centre on the other hand cited Section 12 of NFSA which contemplates "targeted delivery" of ration to "genuine beneficiaries" to prevent "leakages in the PDS system".

It may be noted that Section 7 of the Aadhaar Act states that as a condition for receipt of a subsidy, benefit or service for which the expenditure is incurred from the Consolidated Fund of India or the Consolidated Fund of States, the Central Government or the State Government may require the individual to undergo Aadhaar authentication.

The Supreme Court in the Puttaswamy judgment interpreted the provision to hold that 'benefits' and 'services' as mentioned in Section 7 should be those which have the colour of some kind of subsidies etc., namely- welfare schemes of the Movement whereby Government is doling out such benefits which are targeted at a particular deprived class.

Accordingly, the Bench dismissed the petition.

Detailed order to follow.

Related Reads:

No One Can Be Denied Essential Services/Benefits Just Because He/She Doesn't Have An Aadhaar, Says UIDAI

Aadhaar Shouldn't Be A Pre-requisite For Getting Food Articles From Ration Shops: Rajasthan HC

Lack Of Aadhaar Linkage No Reason To Deny Benefits Under Food Security Act : Bombay High Court

Case Title: Delhi Rozi-Roti Adhikar Abhiyan v. Union of India & Ors.

Citation: 2022 LiveLaw (Del) 277