Mandatory Aadhaar will make us slaves: PIL in Supreme Court

NEW DELHI: Countering the Centre’s contention that linking of PAN with Aadhaar is needed to curb tax evasion, petitioners opposing the move told the Supreme Court on Thursday that making it compulsory is illegal and would virtually convert citizens into “slaves” as they would be under the government’s surveillance all the time.

Appearing before a bench of Justices A K Sikri and Ashok Bhushan, senior advocate Shyam Divan contended that making Aadhaar mandatory would be violative of the citizens’ fundamental rights granted under the Constitution as they would be coerced to give sample of their fingerprints and iris.

Divan, appearing for Major General Sudhir Vombatkere (Retd) and Dalit activist Bezwada Wilson, contended that Aadhaar is optional and not mandatory as per the Aadhaar Act and the government could not make it compulsory under the amended Income Tax Act.


The petitioners have challenged the constitutional validity of Section 139AA of the Income Tax Act which provides for mandatory quoting of Aadhaar for filing of income tax returns and while applying for allotment of PAN number from July 1 this year.

“Aadhaar is voluntary. The Act creates a right in favour of the resident and duty is not cast upon them to get Aadhaar as it is optional but Income Tax Act makes it mandatory. The I-T Act is in direct confrontation with Aadhaar Act. This is complete collision and mismatch,” Divan said while pleading the court to at least read down Section 139AA to make it optional.

Divan contended that making Aadhaar mandatory would push the country towards a totalitarian state where citizens’ rights would be made subservient and the government would keep an eye on every activity of an individual. He said the government is not supposed to keep watch on its citizens in a democratic country and the concept of Aadhaar is antitheses to democratic principles.

“In our Constitution, we form the government and we have given ourself the right to govern ourselves. The government has limited authority over us. Do not let Section 139AA fetter the citizens. People’s consent for Aadhaar should be free and voluntary,” he said.

“My fingerprints and iris are part of my body and I have absolute right over my body. The state cannot coerce me to give the sample of my fingerprints and iris for getting Aadhaar,” Divan said.