Constitution bench to hear Aadhaar pleas July 18

Supreme Court to hear #Aadhaar case on July 18

After a slew of petitions against making the Aadhaar mandatory, the Supreme Court has set up a 5 judge Bench headed by Chief Justice of India J S Khehar to look into whether Aadhaar has violated right to privacy.

The question on the validity of Aadhaar scheme on the touchstone of whether privacy was fundamental right was referred to the constitution bench in October 2015.

The five-judge would begin the hearing from July 18.

Justice J Chelameswar, who was heading the three-judge bench, had on July 7 said "my opinion is that once a matter has been referred to a constitution bench, then all the issues arising out of it should be with the constitution bench". I can only say that a matter can be disposed of by a nine-judge bench.




Both Divan and Venugopal also agreed that the matter should be first heard by a Constitution Bench of 5 judges and if that Bench feels that the matter requires consideration by a larger Bench, only then a Bench of more than 5 need to be constituted. With passage of the Aadhaar Act 2016, the government, which fortified its stand by giving legal backing to the executive schemes, had claimed 115.15 crore people already embraced the "socio-political tool" to seek benefits of various schemes.

It had in turn passed several orders directing the government to not make Aadhaar mandatory to an extent that it affects social welfare schemes.

Earlier, the court stated that no interim order could be passed on grounds of petitioner's "apprehension" that somebody might be deprived of benefits, since no victim of such a situation has come forward.

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