Supreme Court rebukes Mamata govt: How can a state challenge central law?

SC asks WB CM Mamata Banerjee to file petition in individual capacity, issues notice to telecom companies, Centre

The court had declined to entertain its petition challenging the Centre's decision to make Aadhaar mandatory for availing benefits of numerous government welfare schemes.

A separate petition challenging a notification of the Department of Telecom (DoT) for mandatory linking of mobile numbers with Aadhaar has also been filed in the court and is likely to come up for hearing today.

In August a Punjab government website had exposed the Aadhaar numbers of over 20,000 people who had applied for low-priced housing in Ludhiana and Jagraon.

The Supreme Court said on Monday a five-judge Constitution bench will hear a slew of petitions related to the validity of the Aadhaar identification number, including linking it to bank accounts and making it mandatory to avail social benefits.

"How can state file such a plea?"

Last week, Attorney General K.K. Venugopal had mentioned before a Bench headed by Chief Justice Dipak Misra that the deadline extension from December end this year till March 31, 2018, would apply only to those who do not have Aadhaar and are willing to enroll for it.

A Constitution Bench of the Supreme Court will hear the Aadhaar matter in November. "We know it is a matter which needs consideration, but you satisfy us how a state can challenge it (sic)?" "This way the Centre would start challenging the laws passed by the states", observed a bench of Justice A.K. Sikri and Justice Ashok Bhushan. "How can a state government challenge a law made by the Parliament?".

Meanwhile, the Court issued a notice to the Centre asking it to file a response within 4 weeks time.

On August 24, a nine-judge Constitution bench of the Supreme Court ruled that privacy is a fundamental right guaranteed under the Constitution of India. "We have already cancelled the license of three pathological labs for wrong reports", she said.Banerjee highlighted dengue death figures in other states to claim that the menace has claimed far fewer lives in her state."Gujarat is a smaller state than Bengal but as many as 435 people have lost their lives there".

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