The Mamata Banerjee government of West Bengal was on Monday pulled up by the Supreme Court, which wondered how a state can challenge Parliament's mandate and question the Centre's move to make the Aadhaar card mandatory for receiving the benefits of social welfare schemes.
The apex court said under the federal structure an individual can file such a plea but not a state government.
"How can state file such a plea? In a federal structure, how can a state file a plea challenging Parliament's mandate," a bench comprising Justices A K Sikri and Ashok Bhushan wondered at the outset.
"It can be challenged by individuals, but how a state has come (to court)? It cannot be done," the bench said, adding, "let Mamata Banerjee come and file a plea as individual. We will entertain it as she will be an individual".
Senior advocate Kapil Sibal, representing the West Bengal government, told the bench that the plea has been filed by the labour department of the state as subsidies under these welfare schemes have to be given by them.
Responding to his contention, the bench said, "You satisfy us how the state has challenged it. We know it is a matter which needs consideration."
Sibal, however, insisted that the state was entitled to filing such a plea as subsidies under these schemes have to be given by the labour department.
"If it is so, tomorrow the Centre will file a petition challenging the states act," the bench observed.
When the bench referred to the prayer made for relief, Sibal said, "We will amend the relief sought. We are entitled to file it".
West Bengal Chief Minister Mamata Banerjee said she will "obey" the directive of the Supreme Court and
said she could file a plea in individual capacity.
"They (judges) have given their directive and we will obey that. I don't think there is any problem. We appreciate it," Banerjee told reporters at the state secretariat.
The chief minister said that her government had gone to the court because it had "some grounds."
"We had some grounds. We accept the court's observation. There is no problem. Some individuals have already applied," she said.
Meanwhile, the bench issued notice to the Centre on a separate plea filed by an individual challenging the linking of mobile phone numbers with Aadhaar.
The court has asked the Centre to file its response on the plea in four weeks.
The West Bengal government challenged the provision which says that without Aadhaar, the benefits of social welfare schemes would not be extended.
Earlier, the Centre had told the apex court that the deadline for mandatory linking of Aadhaar to avail benefits of various government schemes has been extended till March 31 next year for those who do not have the 12-digit biometric identification number.
It had said that the deadline extension from December end till March 31, 2018, would apply only to those who do not have Aadhaar and are willing to enroll for it.
Several petitions, challenging the Centre’s move to make Aadhaar mandatory for welfare schemes and notifications to link it with mobile numbers and bank accounts, are pending in the apex court.
