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2017 Supreme(Jhk) 1817

APARESH KUMAR SINGH
Sajid Hussain – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Mr. Indrajit Sinha (Amicus Curiae), Mr. Pravin Kumar Pandey, Advocate, for the Petitioner; Mr. Rajiv Sinha, ASGI and Mr. Nitu Sinha, CGC, for the UOI; M/s. Rajiv Ranjan and Shresth Gautam, Advocates, for the CBSE; Mr. P.A.S. Pati, Advocate, for the AICTE; Mr. V.K. Prasad, SC (L&C) and Amit Kr. Verma, JC, for the State

JUDGMENT

Aparesh Kumar Singh, J. – Learned amicus curiae, Mr. Indrajit Sinha has placed different statutes enacted by the Parliament as well as by the State Legislator on the question of the recognition of identity of an individual/Indian National. The Aadhaar (Targeted Delivery of Financial Subsidies, Benefits and Services) Act, 2016 provides for creation of an unique identification code of an individual commonly known as Aadhaar number. The Unique Identification Authority of India is a statutory Authority created under the Act. However, it functions under the Parent Department of Information and Technology, Government of India. Under the Income Tax Act and the rules framed there under, the PAN (Permanent Account Number) Card are accepted as identity of an individual assessee. The parent ministry being the Ministry of Finance. The Passport Act, 1967 and the rules made there under provides the basis for declaration of identity of an Indian Citizen. These functions are performed under the Ministry of External Affairs, Government of India.

2. Learned amicus curiae also refers to the Office Memorandum of Ministry of Home dated 12.3.1987, which lays down the procedure in the matters rel

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