21 December 2023 Public Interest Litigation >> Constitution & Law Procedure  

A Public Interest Litigation (PIL) filed by an advocate in India has brought the issue of linking Aadhaar cards with property transactions to light. The petitioner argues that such a move would be a powerful tool in fighting corruption, black money generation, and benami transactions (transactions where the real beneficiary remains hidden).

The petitioner believes linking Aadhaar would strengthen the rule of law, improve the government's economic performance, and ultimately help alleviate poverty. He further argues that the government hasn't taken any action despite his earlier representation on the matter.

The court, while acknowledging the petitioner's concerns, clarified that directly ordering Aadhaar linking falls under policymaking, a power vested in the government. Implementing such a policy would require public consultation and stakeholder input. The court cannot bypass this process.

However, the court did not dismiss the PIL entirely. Recognizing the importance of the petitioner's concerns, they directed the government to consider the petition as an extension of the petitioner's original representation. The government is now obligated to issue a reasoned order on the representation within eight weeks. This order must involve the petitioner and potentially include public consultation to gather wider perspectives.

This case highlights the ongoing debate around Aadhaar linking and its potential impact on curbing corruption in property transactions. While the court respects the government's role in policymaking, it has ensured that the petitioner's concerns receive a proper response from the authorities.