SC agrees to consider Constitution Bench to hear AAP govt plea

12 Juillet, 2017, 10:52 | Author: Marie-Claire Cellier
  • Sting in the Tail

The Supreme Court on Wednesday agreed to hear, on an urgent basis, all the issues arising out of Aadhaar card, especially the concern over whether it breaches the people's right to privacy.

Then, a five-judge Constitution bench will decide prima facie any issue of whether there is a right to privacy is a fundamental right or not.

The five-judge would begin the hearing from July 18. Divan, representing the petitioners, and Venugopal agreed with the court's suggestion and agreed to jointly mention the matter before the Chief Justice of India the next week. "You two can decide the possibility of nine judges hearing it", Justice Chelameswar, heading the three-judge bench also comprising Justices AM Khanwilkar and Navin Sinha, had said.

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During the hearing, Mr. Venugopal highlighted two judgments of the court - M.P. Sharma and Kharak Singh of 1954 and 1963, respectively, both of which had held that Article 21of the Constitution, including the right to privacy, was subject to reasonable restrictions. When Divan replied "3 weeks", CJI Khehar disapproved.

In August 2015, a three-judge bench had referred the question of whether an Indian citizen enjoys the fundamental right to privacy to a larger Constitution bench.

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. A batch of petitions have been filed in the Supreme Court challenging the decision to make Aadhaar mandatory.


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