The top court questioned the central government over the latter’s decision to make mandatory seeding of mobile numbers with Aadhaar.
The apex court said that its its earlier order on mandatory authentication of the users was used as a “tool”.
A five-judge Constitution bench headed by Chief Justice Dipak Misra, was hearing a batch of petitions on this issue.
The petitions are to challenge Aadhaar and its enabling 2016 law.
“In fact, there was no such direction from the Supreme Court, but you took it and used it as a toll to make Aadhaar mandatory for mobile users,” the bench, also comprising Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, said.
Senior advocate Rakesh Dwivedi, appearing for the Unique Identification Authority of India (UIDAI) said the Department of Telecommunication (DoT) notification talked about re-verification of mobile numbers by using e-KYC process and the Telegraph Act gave exclusive power to central government to decide license conditions of service providers.
But the bench insisted as to how can government impose condition on service recipients for seeding Aadhaar with mobile phones.
The bench pointed out that the license agreements were between the government and the service providers.>