Constitution bench to hear petitions on Aadhaar from July 17

Bill Rogers
July 13, 2017

The A-G said earlier eight-judge bench had held that right to privacy is not a fundamental right.

In 2015, a five-judge bench led by the then Chief Justice of India, HL Dattu, had directed all matters pertaining to the privacy issue related to Aadhaar to a Constitution bench.

The Narendra Modi government's move to link Aadhaar with various welfare schemes has been challenged by a group of social activists. The court also indicated that the 5 judge Bench will commence hearing on the petitions from Tuesday, July 18 onwards.

The petition will be primarily whether the scheme that requires the parting of biometric details of citizens to access welfare and benefits, is a violation of their right.

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When Justice Khehar asked both parties whether the matter should be referred to a seven or five-judge bench, Venugopal and Divan chose a five-judge bench, reported news agency PTI. In 1954 and 1964, Supreme Court benches ruled that there was no fundamental right to privacy. Hence a five judge bench can not hear the matter, he also said.

The court clarified that this Bench will take into consideration the decisions of the 8 judge Bench, and a nine judge Bench will be set up, if required.

The apex court had, last month, refused to pass an interim order against the Centre's notification, with the government assuring it that no one would be deprived for want of this identification. It said about 115 crore people had already been issued Aadhaar card and by this method lakhs of fake ration cardholders had been eliminated and Rs. 56,000 crore had been saved.

Other reports by TheSundaySentinel

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