Right to privacy violated by Aadhaar?

Supreme Court to hear #Aadhaar case on July 18

On July 7, when Aadhaar-related issues were presented before a three-judge bench, it had observed that said the final judgment should be given by a larger bench.

Despite a Bench led by him, in 2015, Justice Chelameswar enquired why the court had not heard the main plea on the constitutionality of Aadhaar, having referred it for hearing by a Constitution Bench.

K K Venugopal, Attorney General of India, said that a nine judge Bench, not a 5 judge Bench, must hear the case as an 8 judge Bench had earlier ruled that right to privacy was not a fundamental right.

The bench thereafter asked "how much time do you think both sides will take?"


The court agreed and listed the matter for July 18. Hence a five judge bench can not hear the matter, he also said. On behalf of the Arvind Kejriwal government, senior counsel Gopal Subramanium told a bench headed by the CJI that the appeals arising out of a Delhi High Court's verdict on the issue were referred to a constitution bench several months ago but such a bench was yet to be set up.

The court had observed that no interim order could be passed merely on the apprehensions raised by the petitioners that somebody might be deprived of the benefits under the various social welfare schemes due to the lack of Aadhaar, especially when no such affected person had come before it.

The Narendra Modi government's move to link Aadhaar with various welfare schemes has been challenged by a group of social activists. It, however, allowed the Centre to seek Aadhaar voluntarily for providing benefits of schemes such as LPG subsidy, Jan Dhan Yojana and Public Distribution System.

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