New Delhi: The Supreme Court on Monday came down heavily on the Mamata Banerjee-led West Bengal government for challenging the constitutional validity of Aadhaar and emphasised that a state cannot challenge a law passed by the Union government.
“The controversy over Aadhaar needs examination but state government can’t file petition against a law passed by Parliament,” a bench comprising Justices AK Sikri and Ashok Bhushan said.
However, it also observed that “this way Centre would start challenging the laws passed by the States”.
The apex court bench directed the chief minister to approach the court in an individual capacity if she wishes to challenge the provision which said that without Aadhaar, the benefits of social welfare schemes would not be extended.
“Individual can file petition against the Act but not a state government. Let West Bengal Chief Minister Mamata Banerjee challenge the Aadhaar law as an “individual” and a “citizen”, said the bench.
The Supreme Court also issued a notice to the central government on plea challenging mandatory linking of Aadhaar number with mobile connections and ordered it to file its response in four weeks time.