Now, nine-judge Constitution Bench to hear Aadhaar petitions
The Supreme Court’s nine-judge panel will be held on July 20, 2017 to see if privacy in the world’s largest democracy is a fundamental human right and is part of the basic structure of the Constitution.
The decision, taken by a constitutional court of five judges headed by Chief Justice of the Supreme Court of India JS Khehar following the submission of a set of petitions claiming that the Aadhaar scheme, requiring mandatory separation of biometric details Is a violation of the right of citizens to privacy.
The petitioners alleged that the right to privacy is part of article 21, the right to life and is intermingled with article 19, but not specifically in the Constitution.
Two Supreme Court rulings – MP Sharma’s verdict by a quorum of eight Supreme Court judges shortly after the adoption of the Constitution in 1950 and Kharak Singh’s court verdict in 1962 by six judges – were dominated judicial dialogue on privacy in the last decades. Both judges concluded that privacy was not a basic or guaranteed right.
Although several smaller banks have two judges, over the years, it was found that privacy is indeed fundamental to the Constitution and a fundamental right, arithmetic supremacy of PP Case Sharma and Singh had previously Kharak assured that Have a strong.
Now, the formation of a court of nine judges, the Supreme Court, headed by President Khehar, decided to determine once and for all whether the privacy is not negotiable.
The nine-judge training bench also seeks to translate contradictions about the past on the subject.
“It is essential for us to determine whether there is a fundamental right to privacy in the Indian Constitution. Determining the question of whether essentially Kharak Singh Sharma MP and [business] decisions imply that there is no fundamental right is the correct expression of the Constitutional issue, “Chief Justice Khehar said in the order.
“It is necessary to first determine whether the right to privacy is a fundamental right or not, before addressing the question [on the constitutionality of the Aadhaar system”], went to court.
“In a Republic based on a written constitution, it is difficult to accept that there is no fundamental right to privacy … there are a battery of lawsuits that indicate that privacy is a fundamental right we can not ignore them.we have to think seriously about this issue” Said Judge J. Chelameswar, a bank judge.
The other three judges at the bank are judges S.A.Bobde, D. Y. Chandrachud and S. Abdul Nazeer.
The judge said Chelameswar a law should not necessarily be limited to an article of the Constitution or an amendment.