http://www.livelaw.in/ex-kerala-minister-moves-sc-linking-aadhaar-pan/

Ex-Kerala Minister Moves SC Against Linking Of Aadhaar With PANBy:
LiveLaw News Network April 9, 2017 11:41 am...

Former Kerala minister and CPI leader Binoy Viswam has filed a writ
petition in the Supreme Court challenging the constitutional validity
of S. 139AA of the Income Tax Act, 1961, alleging it to be ‘illegal
and arbitrary’ and ‘violative of Articles 14...

The petitioner submitted that he is a tax-paying citizen and does not
hold an Aadhaar card till date nor has he applied for the same in view
of the legitimate expectation that the said scheme was not mandatory
in view of the orders of Supreme Court a...

“However, due to the introduction of Section 139AA of the Income Tax
Act, 1961, the petitioner is being coerced into obtaining an Aadhaar
card in complete violation of his right to privacy as enshrined under
Article 21 of the Constitution of India”....

He also submitted that by virtue of various orders of the Supreme
Court dated September 23, 2013, March 24, 2014, August 11, 2015, and
October 15, 2015, in various petitions dealing with the constitutional
validity of the Aadhaar scheme, the apex cou...

He also submitted that the Aadhaar (Targeted Delivery of Financial and
other subsidies, benefits and services) Act had not made enrollment
for Aadhaar compulsory. The issue regarding the right to privacy being
a fundamental right enshrined in Arti...

The issue regarding the right to privacy being a fundamental right
enshrined in Article 21 of the Constitution in the context of Aadhaar
scheme is pending consideration of a larger bench of the Supreme
Court....

The newly-introduced Section 139AA of the Income Tax Act stipulates
every person, who is eligible to obtain Aadhaar number shall, on or
after the 1st day of July, 2017, quote Aadhaar number in the
application form for allotment of permanent account n...

Where the person does not possess the Aadhaar number, the Enrolment ID
of Aadhaar application form issued to him at the time of enrolment
shall be quoted in the application for permanent account number or, as
the case may be, in the return of income ...

It is also mentioned in the Section that in case of failure to
intimate the Aadhaar number, the permanent account number allotted to
the person shall be deemed to be invalid....

According to the petitioner, bringing about such a provision as an
amendment to the Finance Bill, which is a money Bill, by curtailing
discussion in the Upper House of the Parliament, without any
compelling public interest for such expediency, clearl...




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