The Delhi High Court on Friday sought response of the Centre on a plea challenging the constitutional validity of the recent Aadhaar Ordinance saying it was brought to “overturn” the Supreme Court decision regarding use of Aadhaar by the private sector.

A Bench of Chief Justice Rajendra Menon and Justice A.J. Bhambhani asked the Law Ministry to indicate its stand by July 9, the next date of hearing.

In September last year, a five-judge Constitution Bench of the Supreme Court had declared the Aadhaar scheme as constitutionally valid but struck down some of its provisions, including its linking with bank accounts, mobile phones and school admissions.

According to the petitioners, Reepak Kansal and Yadunandan Bansal, the Ordinance allows private sector to use the Aadhaar infrastructure through the back door by amending the Indian Telegraph Act.

Voluntary use

The petition said that the Ordinance amends the Telegraph Act to provide for voluntary use of Aadhaar for identity verification. It has claimed that this allows telecom companies to use Aadhaar for identity verification.

Last month President Ram Nath Kovind gave his assent to the Aadhaar Ordinance that allowed voluntary use of Aadhaar as ID proof for obtaining mobile SIM cards and opening bank accounts.

The petition claimed that the Ordinance would authorise private establishment to use, sale and make profit by selling private data which is in Aadhaar.