A public interest litigation (PIL) petition before the Calcutta High Court has challenged the validity of Regulation 28A of the Aadhaar (Enrolment and Update) Regulations, 2016, which empowers authorities to deactivate the Aadhaar Cards of those who are deemed to be foreigners [Joint Forum Against NRC vs Union of India].The petition filed by an NGO, the Joint Forum Against NRC, alleged that the Aadhaar cards of several residents in West Bengal were suddenly deactivated without prior notice to them.A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya on Thursday asked advocate Sneha Bera, who appeared for the petitioner-NGO, to serve a notice of the matter to the Attorney General of India."This is so as to ensure that the Attorney General permits the Additional Solicitor General (ASG) to appear in the matter and assist the court," the bench said. The direction was issued after ASG Ashoke Kr Chakraborty, appearing for the Central Government, urged the Court to first issue notice to the Attorney General since the petition challenges the constitutional validity of Regulation 28A. Regulation 28A was inserted by way of an amendment in 2023. During submissions made on Thursday, the petitioner's counsel (Bera) argued,"This provision wasn't there when the law was introduced in 2016. It was added in 2023. This very provision is problematic or rather is unconstitutional and is arbitrary. It gives unbridled powers to the authority to decide who is an Indian citizen and who not."The advocate further pointed out that the main aim of the Aadhaar scheme was to facilitate the smooth implementation of various welfare schemes for the citizens. However, now it is required far more, the lawyer noted."People can't take birth or die without an Aadhaar Card as it is required for everything now. But suddenly deactivating the Aadhaar Card without prior notice is arbitrary," Bera argued.The bench said it would hear the matter in detail on March 21.
TAGS: Calcutta High Court Joint Forum Against NRC Attorney General of India Central Government welfare schemes
