Supreme Court refused to pass interim order in the Aadhaar matter, however, it clarified that those who don’t have Aadhaar Card won’t be deprived of any government schemes or benefits till next date of hearing.
On 09.05.2017, Senior Advocate Shyam Divan had urged the Court that some urgent orders are required on the interim prayers made by the petitioners, as enrollment under Aadhaar in respect of certain welfare schemes is required by 30th June, 2017.
It is important to note that on 09.06.2017, the bench of Dr. A.K. Sikri and Ashok Bhushan, JJ had in Binoy Viswam v. Union of India, 2017 SCC OnLine SC 647, upheld the validity of Section 139AA of Income Tax Act, 1961 that makes the linking of Aadhaar Card to the Permanent Account Number (PAN) mandatory and said that the provision is neither discriminatory nor it offends equality clause enshrined in Article 14 of the Constitution. As per the order of the Court, those who have already enrolled themselves under Aadhaar scheme would comply with the requirement of sub-section (2) of Section 139AA of the Act. Those who still want to enrol are free to do so. However, those assessees who are not Aadhaar card holders and do not comply with the provision of Section 139(2), their PAN cards be not treated as invalid for the time being.