Mandatory Aadhaar-UAN Linking for Pension is been challenged

Madras High Court

Mandatory Aadhaar-UAN Linking for Pension is been challenged - Madras High Court

Elisha Ebenezer, a software engineer, claimed in the plea that the notification dated January 4, 2017 was unconstitutional for being violate Articles 14, 21 and 300A of the Constitution and contrary to the directives of the Supreme Court, which made it clear that Aadhaar was mandatory only to avail benefits under various government-run social welfare schemes and subsidies.

This petition has been filed in the Madras High Court challenging the notification mandating linking of Aadhaar with Universal Account Number (UAN) for availing pension and provident fund benefits. A division bench of Justices S Manikumar and Subramonium Prasad admitted the plea and directed the Employee Provident Fund Organisation to respond.

The solicitor presented that before the January, 2017 warning, the utilization of Aadhaar was constrained to just those individuals who had started accepting their benefits and who were required to give life certificate every year to keep getting the Pension. In any case, in perspective on the notice, presently all individuals from the Pension plan would need to interface their Aadhaar with their UAN just to proceed with their enrollment in the Pension Scheme.

The petitioner submitted that the pension fund comprises regular contributions from the employee's salary and therefore to deprive pensioners of the amount citing non-linkage of Aadhaar would also entail a violation of the right to property under Article 300A of the Constitution.
The petitioner claimed the the present requirement of linking UAN with Aadhaar interferes with my right to operate and deal with my provident fund, which has no government contribution." Further, the petitioner submitted that the present requirement also prevented her from saving for her old age or accessing the amounts saved till date in the pension account.
Notes –

Articles 14 - Equality before law

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

Article 20 - Protection in respect of conviction for offences

No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
No person shall be prosecuted and punished for the same offence more than once.
No person accused of any offence shall be compelled to be a witness against himself

Article 300A - Persons not to be deprived of property save by authority of law

No person shall be deprived of his property save by authority of law.