Saturday, 21 October, 2017

5-judge Constitution Bench to hear Aadhaar pleas on Jul 18-19

Supreme Court to hear #Aadhaar case on July 18 SC sets up 5 judge Bench to decide if Aadhaar violated right to privacy
Cecilia Poole | 13 July, 2017, 01:19

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 matter was mentioned before a bench comprising Chief Justice J S Khehar and Justice D Y Chandrachud this morning by Attorney General K K Venugopal and senior advocate Shyam Divan who requested an early hearing by a constitution bench.

The batch of seven special leave petitions filed by the Delhi government has challenged the Delhi High Court's decision to uphold the L-G's power not only over the police, land and public order but also in "services".

They contended that the collection of biometric data and iris scan violated the fundamental right to privacy as personal data was not protected, and was vulnerable to exposure and misuse.

Supreme Court to hear #Aadhaar case on July 18
Five-Judge Constitution Bench To Hear Aadhaar Petitions On July 18,19 : SC

The apex court said a five-judge constitution bench will hear the petitions. In 1954 and 1964, Supreme Court benches ruled that there was no fundamental right to privacy.

The court has to also consider the question whether the appeals would have to be heard by an 11-judge Bench of the Supreme Court.

The court agreed and listed the matter for July 18. I can only say that a matter can be disposed of by a nine-judge bench. It had said the parties were free to approach CJI Khehar to seek an early setting up of the bench for speedy disposal of the matter. 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.

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