The mandate of the Central Government of India for mobile phone users to link their Aadhar card with their mobile phone has brought a flurry of legal cases along with it. Very recently the Chief Minister of the State of West Bengal Ms. Mamata Banderjee has open decried the “Aadhar push” and remarked that there would be no complying with the rules from her side. The State of West Bengal has filed a plea before the The Supreme Court of India against the Aadhar linking mandate. The Court has reprimanded such open defiance and observed “In a federal structure, how can a state file a plea challenging parliament’s mandate. We know it is a matter that needs consideration but you satisfy us how a state can challenge it.” The Court has asked the CM to file the petition in an individual capacity.
At the same time it is to be noted that the Court, while hearing a different plea, has also asked the Centre to reply within four weeks as to why the linking of Aadhar to mobile phone is necessary. The Aadhar is considered to be a breach of the Right to Privacy by many while the Centre says that the Right to Privacy comes with reasonable restrictions and the Aadhar is sought to be one such.