The Delhi High Court on Friday sought response of the Centre on a plea which has challenged the constitutional validity of the recent<a href="https://www.google.com/url?q=https://www.wionews.com/india-news/cabinet-approves-aadhaar-ordinance-to-allow-its-use-as-id-proof-for-bank-accounts-sim-connection-200400&amp;sa=U&amp;ved=0ahUKEwivoa2fvMrhAhUf7nMBHSojCH4QFggFMAA&amp;client=internal-uds-cse&amp;cx=006054055338965708568:09spwrlibei&amp;usg=AOvVaw0qq062J_i_MOrh6Ujt3z-v"> Aadhaar </a>Ordinance on the grounds that it was brought to "overturn" the Supreme Court decision regarding the use of Aadhaar by the private sector.

A bench of Chief Justice Rajendra Menon and Justice A J Bhambhani asked the Ministry of Law to indicate its stand by July 9, the next date of hearing.

The matter came up before the bench as the apex court on April 5 had directed the petitioners, both lawyers, to first move the high court.

A five-judge Constitution bench of the apex court had in September last year declared the Centre's flagship Aadhaar scheme as constitutionally valid but struck down some of its provisions including its linking with bank accounts, mobile phones and school admissions.

The court had held that while Aadhaar would remain mandatory for the filing of Income Tax returns and allotment of Permanent Account Number (PAN), it would not be mandatory to link Aadhaar to bank accounts and telecom service providers cannot seek its linking for mobile connections.&nbsp;

According to the petitioners, Reepak Kansal and Yadunandan Bansal, the ordinance allows the private sector to use the Aadhaar infrastructure through the back door by amending the Indian Telegraph Act.

The petition has said that the ordinance amends the Telegraph Act to provide for voluntary use of Aadhaar for identity verification.

It has claimed that this allows telecom companies to use Aadhaar ID for identity verification.

The petitioners have also contended that there was "no extraordinary situation" which required passing of such an ordinance.

President Ram Nath Kovind had last month given his assent to the Aadhaar Ordinance that allowed voluntary use of Aadhaar as ID proof for obtaining mobile SIM cards and opening bank accounts.

The ordinance was necessitated because Rajya Sabha could not approve a Bill after its passage by Lok Sabha.

The Cabinet had approved the promulgation of the ordinance to give effect to changes proposed in Aadhaar and two others legislations.

The amendments provide for stiff penalties for violation of norms set for the use of Aadhaar and violation of privacy.

It bans storing of core biometric information as well as Aadhaar number by service providers in cases of individuals who have voluntarily offered the national ID as a means of authentication.

However, the amendments make it clear that anyone not offering Aadhaar cannot be denied any service, be it opening of a bank account or obtaining a mobile phone SIM card.&nbsp;

The Delhi High Court on Friday sought response of the Centre on a plea which has challenged the constitutional validity of the recent Aadhaar Ordinance on the grounds that it was brought to "overturn" the Supreme Court decision regarding the use of Aadhaar by the private sector.

The Delhi High Court on Friday sought response of the Centre on a plea which has challenged the constitutional validity of the recent Aadhaar Ordinance on the grounds that it was brought to "overturn" the Supreme Court decision regarding the use of Aadhaar by the private sector. A bench of Chief Justice Rajendra Menon and Justice A J Bhambhani asked the Ministry of Law to indicate its stand by July 9, the next date of hearing. The matter came up before the bench as the apex court on April 5 had directed the petitioners, both lawyers, to first move the high court. A five-judge Constitution bench of the apex court had in September last year declared the Centre's flagship Aadhaar scheme as constitutionally valid but struck down some of its provisions including its linking with bank accounts, mobile phones and school admissions. The court had held that while Aadhaar would remain mandatory for the filing of Income Tax returns and allotment of Permanent Account Number (PAN), it would not be mandatory to link Aadhaar to bank accounts and telecom service providers cannot seek its linking for mobile connections. According to the petitioners, Reepak Kansal and Yadunandan Bansal, the ordinance allows the private sector to use the Aadhaar infrastructure through the back door by amending the Indian Telegraph Act. The petition has said that the ordinance amends the Telegraph Act to provide for voluntary use of Aadhaar for identity verification. It has claimed that this allows telecom companies to use Aadhaar ID for identity verification. The petitioners have also contended that there was "no extraordinary situation" which required passing of such an ordinance. President Ram Nath Kovind had last month given his assent to the Aadhaar Ordinance that allowed voluntary use of Aadhaar as ID proof for obtaining mobile SIM cards and opening bank accounts. The ordinance was necessitated because Rajya Sabha could not approve a Bill after its passage by Lok Sabha. The Cabinet had approved the promulgation of the ordinance to give effect to changes proposed in Aadhaar and two others legislations. The amendments provide for stiff penalties for violation of norms set for the use of Aadhaar and violation of privacy. It bans storing of core biometric information as well as Aadhaar number by service providers in cases of individuals who have voluntarily offered the national ID as a means of authentication. However, the amendments make it clear that anyone not offering Aadhaar cannot be denied any service, be it opening of a bank account or obtaining a mobile phone SIM card.

Plea challenges Aadhaar ordinance: High Court seeks Centre's stand

Investigation has been initiated against e-commerce giants Amazon and Flipkart for alleged violation of foreign exchange law, the Enforcement Directorate (ED) Monday informed the Delhi High Court.

A bench of Chief Justice Rajendra Menon and Justice A J Bhambhani noted the submissions of the ED that a case has been registered under provisions of the Foreign Exchange Management Act (FEMA) against the two companies and disposed of a PIL which has alleged that the e-commerce giants were violating foreign direct investment (FDI) norms.

The court had earlier sought response of the central government, Amazon and Flipkart to the plea which has sought a probe into the alleged FDI violations.

The ED, in its reply filed through central government standing counsel Amit Mahajan, has said the "department has already registered and initiated investigation under the provisions of FEMA against the two companies to ascertain whether they have been contravening any provisions of FEMA or contravening any rule, regulations, notification, direction or order issued in exercise of the powers under FEMA...."

The agency also sought dismissal of the petition.

The petition by an NGO, Telecom Watchdog, also asked for initiation of legal proceedings against the two e-commerce companies under the FEMA for alleged violation and circumvention of FDI norms.

The plea, filed through advocate Pranav Sachdeva, has claimed that Amazon and Flipkart have created multiple entities to circumvent the FDI norms and route the hot-selling stock at cheaper rates.

The petition has contended that according to Press Note 3 of 2016, which regulates FDI in e-commerce, entities like Amazon and Flipkart are not to exercise ownership over stock, nor directly or indirectly influence price of goods and services sold on their marketplace.

It claimed that by creating name lending companies, Amazon and Flipkart buy branded goods in bulk at discounts from manufacturers and render small sellers uncompetitive by a wide margin, thus influencing the prices in violation of the FDI norms.

"As a consequence of this FDI norms violation, smaller sellers are unable to participate in the fast-growing e-commerce sector," the plea has contended, adding that due to subsidised prices on such platforms, small sellers are unable to sell in the brick-n-mortar world too.

Besides, the plea has also claimed that the two e-commerce firms have created several other group companies in the chain to divide discounts and losses.

"Exchange offers, EMI costs and bank offers are funded completely or substantially by Amazon and Flipkart and constitute a clear influence on price in violation of FDI norms," it has alleged.

Investigation has been initiated against e-commerce giants Amazon and Flipkart for alleged violation of foreign exchange law, the Enforcement Directorate (ED) Monday informed the Delhi High Court.

Investigation has been initiated against e-commerce giants Amazon and Flipkart for alleged violation of foreign exchange law, the Enforcement Directorate (ED) Monday informed the Delhi High Court. A bench of Chief Justice Rajendra Menon and Justice A J Bhambhani noted the submissions of the ED that a case has been registered under provisions of the Foreign Exchange Management Act (FEMA) against the two companies and disposed of a PIL which has alleged that the e-commerce giants were violating foreign direct investment (FDI) norms. The court had earlier sought response of the central government, Amazon and Flipkart to the plea which has sought a probe into the alleged FDI violations. The ED, in its reply filed through central government standing counsel Amit Mahajan, has said the "department has already registered and initiated investigation under the provisions of FEMA against the two companies to ascertain whether they have been contravening any provisions of FEMA or contravening any rule, regulations, notification, direction or order issued in exercise of the powers under FEMA...." The agency also sought dismissal of the petition. The petition by an NGO, Telecom Watchdog, also asked for initiation of legal proceedings against the two e-commerce companies under the FEMA for alleged violation and circumvention of FDI norms. The plea, filed through advocate Pranav Sachdeva, has claimed that Amazon and Flipkart have created multiple entities to circumvent the FDI norms and route the hot-selling stock at cheaper rates. The petition has contended that according to Press Note 3 of 2016, which regulates FDI in e-commerce, entities like Amazon and Flipkart are not to exercise ownership over stock, nor directly or indirectly influence price of goods and services sold on their marketplace. It claimed that by creating name lending companies, Amazon and Flipkart buy branded goods in bulk at discounts from manufacturers and render small sellers uncompetitive by a wide margin, thus influencing the prices in violation of the FDI norms. "As a consequence of this FDI norms violation, smaller sellers are unable to participate in the fast-growing e-commerce sector," the plea has contended, adding that due to subsidised prices on such platforms, small sellers are unable to sell in the brick-n-mortar world too. Besides, the plea has also claimed that the two e-commerce firms have created several other group companies in the chain to divide discounts and losses. "Exchange offers, EMI costs and bank offers are funded completely or substantially by Amazon and Flipkart and constitute a clear influence on price in violation of FDI norms," it has alleged.

Enforcement Directorate probes Amazon, Flipkart for violation of foreign exchange law

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Plea challenges Aadhaar ordinance: High Court seeks Centre's stand

Enforcement Directorate probes Amazon, Flipkart for violation of foreign exchange law