Aadhaar case: Supreme Court asks Mamata to approach as an individual

The court asks how a state can challenge the mandate of Parliament; WB CM says will obey directive

The Supreme Court yesterday came down hard on the Mamata Banerjee government for filing a plea challenging the Centre's move to make Aadhaar mandatory for availing benefits of social welfare schemes, saying it was against the federal structure.

Mamata Banerjee's government had filed a plea challenging the Centre's move to make Aadhaar mandatory to avail benefits of social welfare schemes

The top court asked how a state can challenge the mandate of Parliament and said the West Bengal Chief Minister could file the plea as an individual. "How can a state file such a plea. In a federal structure, how can a state file a plea challenging Parliament's mandate," a bench comprising Justices A K Sikri and Ashok Bhushan said.

Senior advocate Kapil Sibal, appearing for the West Bengal government, told the court that the plea has been filed by the labour department of the state as subsidies under these schemes have to be given by them. "You satisfy us how the state has challenged it. We know it is a matter which needs consideration," the bench said adding the Centre's move can be challenged by an individual but not by states.

"Let Mamata Banerjee come and file a plea as individual. We will entertain it as she will be an individual," the top court said. However, Sibal maintained that the state was entitled to file such a plea but said that they would amend the prayer in the petition.

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