Right to privacy violated by Aadhaar?

Alyssa Bailey
Июля 13, 2017

The bench said that that court will constitute a five-judge bench to hear on Aadhar related issues. The petitioners had alleged that collection of personal details like finger prints and iris scan violated the right to privacy.

SC was hearing three separate petitions challenging Centre's notification to make Aadhaar mandatory for social schemes.

The Aadhaar scheme was challenged when it had been made mandatory under an executive order.

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.

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"My opinion is that once a matter has been referred to a Constitution bench, then all the issues arising out of it should be with the constitution bench".

During the hearing, Mr. Venugopal highlighted two judgments of the court - M.P. Sharma and Kharak Singh of 1954 and 1963, respectively, both of which had held that Article 21of the Constitution, including the right to privacy, was subject to reasonable restrictions. "You two can decide the possibility of nine judges hearing it", Justice Chelameswar, heading the three-judge bench also comprising Justices AM Khanwilkar and Navin Sinha, had said.

The fundamental right of identity and various e-governance initiatives of the government to provide food security, livelihood, jobs and health to the "teeming masses" can not be sacrificed at the altar of right to privacy of an "elite" few who have neither applied for nor want Aadhaar, said the Centre.

They contended that it violated the apex court's order of 2013 that no one can be denied benefits of any scheme due to absence of Aadhaar.

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