Domain of policy making: Delhi HC Directs Centre and State To Consider Representation to link properties with Aadhaar [Read Petition]

New Delhi: The Delhi High Court on Thursday asked the Centre and the Delhi Government to consider the petitioners representation seeking to link movable and immovable property documents of all citizens with their Aadhaar number to curb corruption, and 'benami' transactions, within eight weeks. 
 

A Bench of Justices Justice Rajiv Shakdher and Justice Girish Kathpalia has asked the respondents to treat the present petition as a part of the representation which was filed by the petitioner in 2019 and deliberate on the same. After carrying out necessary deliberations, involving the petitioner, if so required, and other stakeholders (including if necessary public consultation), the respondents should dispose it of. 
 

A Bench of Justices were not inclined to pass any directions noting that the subject matter of the Advocate Ashwini Kumar Upadhyays plea primarily fell within the domain of policy making. Further, the process would require inputs from various stakeholders, including public consultation.
 

We are of the considered view that the exercise of linking Aadhar Cards with transactions related to property movable as well as immovable, basically falls in the domain of policy making and consequently, beyond the scope of judicial intervention. It is only once a policy is framed and/or acted upon by the executive that the decision would be open to judicial scrutiny. Besides, the exercise of linking Aadhar Cards with property transactions would require inputs from various stakeholders, including public consultation. The policy framers may have to examine readiness and ground realities. That being so, at this stage, we are not inclined to issue any directions as sought in prayer clause (a) of the petition. 
 

The petitioners case was that that benami transactions qua movable and immovable property are potent source of black money generation and corruption, which, in turn, undermine the rule of law and also lead to economic under-performance of governmental bodies and consequent obstacle in poverty alleviation. 
 

Further, the rights flowing from Article 21 of the Constitution of India cannot be secured without curbing corruption. However, no provision has been made by the Government to link Aadhar Cards with the transaction documents related to the movable and immovable property. If this is done, it would clean up not just corruption but also the black money and even flaws of the electoral process in this country, the petitioner contended. 
The counsel for the respondents assured that they would dispose of the said representation within reasonable period of time.
 

On September 14, 2022, Upadhyay sought time to implead the Ministry of Finance, Ministry of Housing and Urban Affairs, Ministry of Rural Development, and Ministry of Law, Government of India as parties in the present case. 
 

On October 15, 2019, a bench of Chief Justice D N Patel and Justice C Hari Shankar had issued notice to the Unique Identification Authority of India (UIDAI), which issues the 12-digit unique identification number Aadhaar and sought its response.

[Read Petition]