A nine-judge Constitution bench of the Supreme Court will today hear the petitions challenging various issues pertaining to Aadhaar with the main focus on whether 'right to privacy' is a fundamental right or not.
The apex court would decide whether the right to privacy of an individual is a fundamental right or not.
The nine-judge Constitution bench headed by Chief Justice of India (CJI) CJI Jagdish Singh Khehar would start hearing the case today. Though the hearing is expected to conclude today itself, the possibility of it getting extended for another day is not being ruled out.
The court permitted both the sides the liberty to submit their written briefs.
Besides Chief Justice Khehar, other judges on the bench are Justice J. Chelameswar, Justice S.A. Bobde, Justice D.Y. Chandrachud and Justice S. Abdul Nazeer.
During yesterday's hearing, a five-judge Constitution bench of the Supreme Court prima facie disagreed with the Centre's argument that citizens did not enjoy right to privacy. The judges, however, referred the case to a nine-judge Constitution bench which will decide if privacy was a fundamental right.
Petitions challenged validity of the Aadhaar, alleging that collection of biometric data and its linking to all activities violated right to privacy.
In its first hearing, a five-judge Constitution bench of the Supreme Court, yesterday, referred Aadhaar matter to the CJI for the constitution of a nine-judge bench to decide whether Aadhaar breaches an individual's privacy or not.
The bench was to hear a total of 22 cases that challenge several aspects of the Aadhaar and the use/sharing of data collected under it.
Among these challenges are—making Aadhaar mandatory for social welfare benefits, infringement of right to privacy, making Aadhaar mandatory for filing income tax returns (ITRs) as well as for obtaining and retaining PAN. While the government had earlier made the Aadhaar number mandatory for filing income tax returns and applying for a PAN card, the Income Tax Department has stepped up its efforts to encourage people to link their PAN with Aadhaar.
The petitioners have argued that right to privacy is part of Article 21, the right to life, and interspersed in Article 19, though not expressedly said in the Constitution.
Former Attorney General Mukul Rohatgi had told the Supreme Court in 2015 that Indian citizens don't have a fundamental right to privacy under the Indian Constitution.
On July 7, a three-judge bench of the apex court, headed by Justice J. Chelameshwar and also comprising Justices A. M. Khanwilkar and Navin Sinha, asked the petitioners to mention it before the CJI for the Constitution bench to hear the matter.
On 13 July, the Supreme Court ruled for the setting of a constitution bench to address the long standing question of whether Indian citizens have the right to privacy, and if the Aadhaar breaches that right.
