Aadhaar challenged in SC: 9-judge bench to decide whether you have the right to privacy

New Delhi: The Supreme Court decided to set up a nine-judge bench to decide whether right to privacy can be declared as a fundamental right under the Indian Constitution.

Representational image. AFP

Representational image. AFP

A five-judge Constitution bench headed by Chief Justice JS Khehar said that the larger bench would examine the correctness of the two judgments delivered in the cases of Kharak Singh and MP Sharma in which it was held that right to privacy was not a fundamental right.

While the Kharak Singh judgement was delivered by a six- judge bench in 1960, the MP Sharma verdict was reported in 1950 and was delivered by an eight-judge Constitution bench.

The five-judge bench, also comprising Justices J Chelameswar, SA Bobde, DY Chandrachud and S Abdul Nazeer, said that the nine-judge bench would commence hearing on Wednesday and decide the issue as to whether the fundamental rights, described under Part III of the Constitution, also include the right to privacy.

The order came over a bunch of petitions challenging the constitutional validity of the Aadhaar scheme. It has also been alleged that the Aadhaar scheme infringes the 'fundamental right to privacy'.

The petitions were referred to a larger bench in 2015 when then attorney-general Mukul Rohatgi had referred to the inconsistencies in the past apex court verdicts and said that the issue whether right to privacy was a fundamental right or not, needed to be settled first.

Updated Date: Jul 19, 2017 08:34 AM

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