Explained: What is Supreme Court’s Right to Privacy Hearing All About And Its Connection With Aadhaar Case

The nine-member bench had been formed by the five-member bench on Tuesday to clarify on the Right to Privacy.

Edited By: Vaibhav Tiwari

Updated: July 19, 2017, 3:28 PM IST

Share

Share Article

• Facebook
• WhatsApp
• X
• Email
• Telegram
• Linkedin

https://www.india.com/news/india/explained-what-is-supreme-courts-right-to-privacy-hearing-all-about-and-its-connection-with-aadhaar-case-2332341/ Copy

Supreme Court declared Right to Privacy as

New Delhi, July 19: A nine-member constitutional bench of the Supreme Court is hearing whether the Right to Privacy is a fundamental right enshrined in the Constitution or not. The bench is examining this question as it would clear the doubt of the five-member bench examining the constitutional validity of Aadhaar card after the Central government sought to make it mandatory to avail social schemes and many other administrative businesses.

The government’s stand is being made clear by Attorney General KK Venugopal that Freedom of Privacy had been kept out of the Constitution. He has also cited two cases in 1954 and 1962–in the cases, Supreme Court had said that Right to Privacy was not fundamental. However, those cases are decades old and the bench will examine whether they are in consonance with the new society.

The nine-member bench will specifically decide on the Right to Privacy question. The five-member bench will refer to their judgment while deciding on the constitutional validity of Aadhaar card.

The nine-member bench had been formed by the five-member bench on Tuesday to clarify on the Right to Privacy. Chief Justice JS Khehar is heading the bench. Justices J. Chelameswar, S. A. Bobde, R. K. Agrawal, Rohinton Fali Nariman, Abhay Manohar Sapre, D. Y. Chandrachud, Sanjay Kishan Kaul and S. Abdul Nazeer are also on the bench. (Also read: Aadhaar Act Violates Right to Privacy or Not: Supreme Court to Decide Today)

The Modi government is mulling to make Aadhaar card mandatory for a number of things including opening a bank account. Recently, the Supreme Court had struck down government’s ruling that Pan Card would be cancelled if not linked with Aadhaar card. However, the court recognised government’s right to frame such rules until the constitutional bench decides on the validity of Aadhaar card. The court had also said those who had an Aadhar card should link it with PAN.