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

Kristi Paul
July 13, 2017

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.

ANI reported that the petitions are likely to be heard on July 18.

A five-judge Supreme Court bench will hear a slew of petitions challenging the legality of the Aadhaar scheme from July 17, Chief Justice of India JS Khehar indicated on Wednesday.

The scheme touched the lives of millions of people and its validity required immediate adjudication by an appropriate larger Bench, said Mr. Venugopal.

The Delhi government on Tuesday asked the Chief Justice of India for an early setting up of a Constitution Bench to hear its appeal on whether the Lieutenant-Governor (L-G) can unilaterally administer the Capital unfettered by the "aid and advice" of the elected government.

The court also took note of the fact of the enactment of the Aadhaar Act giving the scheme a statutory status.

The court however said that the 5 judge will have to weigh in the Aadhaar issue with the decision of the 8n judge Bench.

It was argued that Aadhaar card is an invasion of privacy and a awful violation of basic human rights. An eight-judge Bench of the court decided the Sharma case, while a six-judge bench, delivered the judgment of Kharak Singh. He explained that an 8 judge Bench of the SC had earlier ruled that right to privacy is not a fundamental right.

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.

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