Aadhaar issue in Supreme Court: 9-judge Constitution bench to decide today whether Aadhaar breaches right to privacy

A nine-judge constitution bench in Supreme Court today is hearing the case whether Aadhaar breaches the right to privacy or not. The bench today begins the hearing over the matter and petitions challenging the Centre's ambitious Aadhaar scheme.

A five-judge bench including Chief Justice of India JS Khehar on Tuesday said, "It is essential to decide whether there is right to privacy under the Indian constitution. We are of the view it has to be decided by a 9-judge bench".

Attorney General K K Venugopal and senior advocate Shyam Divan is making the case for petitions that have challenged PM Modi-led government's move to make Aadhaar mandatory for various public welfare schemes.

It was in August 2015 that the Supreme Court (SC) referred to a Constitution Bench a batch of petitions challenging the Centre's ambitious scheme to provide Aadhaar card to all citizens and decide whether right to privacy is a fundamental right.

ALSO READ: Aadhaar matter: 9 judge Constitution bench to decide whether linking of PAN breaches privacy

Attorney General Mukul Rohatgi, appearing for the Centre, had said that the matter requires elaborate debate and an authoritative pronouncement in view of the fact that there have been inconsistent decisions as to whether right to privacy is a fundamental right.

He had cited two judgements, pronounced by six and eight- judge benches, which had held that right to privacy is not a fundamental right.

Subsequently, smaller benches had held contrary view and, hence this matter needed to be decided by a larger bench, the attorney general had said.