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Aadhaar: How Can A State Challenge A Law Passed By Parliament? SC Asks Mamata Govt.

LiveLaw News Network
30 Oct 2017 7:05 AM GMT
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The Supreme Court, on Monday, berated the Mamata Banerjee-led West Bengal Government for challenging the constitutional validity of the Aadhaar Act under Article 32 of the Constitution of India.

"The controversy over Aadhaar needs examination but state government can't file petition against a law passed by Parliament," observed the Bench comprising Justice A.K. Sikri and Justice Ashok Bhushan

The Court then allowed Senior Advocate Kapil Sibal, who appeared for the State, to amend the prayer and restrict the plea to the Labor Ministry's notification on linking of Aadhaar.

Justice Sikri: It is a federal structure.How can a state challenge a law passed by the parliament? Tomorrow the Centre will challenge a law passed by state.

Let an individual file..let Chief Minister Mamata Banerjee file...yes these are matters which need consideration ..but how can state challenge it..see you are challenging the virus of the Act.

Senior Advocate Kapil Sibal for West Bengal Govt: We shall amend the petition and the relief sought...

Meanwhile, the Court also issued notices on the Petition seeking a direction to the Department of Telecom and to various telecom operators to stop misleading the public by informing them about Aadhaar being the only means of authentication for proof of identity and proof of address.

The Petition, filed by Advocate Raghav Tankha, has alleged that the operators have been issuing such advertisements with an erroneous and malafide interpretation of the Supreme Court order in the Loknithi Foundation case.

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