The 9-Judge Constitution Bench concluded hearings to settle the question of whether there exists a fundamental right to privacy in India. The bench has reserved its judgment over whether privacy is a fundamental right in India.
The government’s counsels insisted that the Supreme Court should not recognise privacy as a fundamental right. They once again repeated arguments that privacy is an elite concept, that privacy interests are being only canvassed by a minority of wealthy citizens, and further, that only wrong-doers were asking for privacy.
The 9-Judge Constitution Bench continued hearing the arguments of the Government of India to settle the question of whether there exists a fundamental right to privacy in India. In August 2015, the Government of India denied that a fundamental right to privacy exists in India in the ongoing Aadhaar case. After the 9-judge bench finishes hearings on the limited question of whether Indians have a fundamental right to privacy, a 5-judge bench is then expected to rule on whether the Aadhaar scheme violates such a fundamental right and will thereby decide the fate of the Aadhaar project.
The 9-Judge Constitution Bench continued hearing the arguments of the Government of India to settle the question of whether there exists a fundamental right to privacy in India. In August 2015, the Government of India denied that a fundamental right to privacy exists in India in the ongoing Aadhaar case. After the 9-judge bench finishes hearings on the limited question of whether Indians have a fundamental right to privacy, a 5-judge bench is then expected to rule on whether the Aadhaar scheme violates such a fundamental right and will thereby decide the fate of the Aadhaar project.
The 9-Judge constitutional bench resumed hearings to settle the question on whether there exists a fundamental right to privacy in India. This bench in the words of Justice Nariman “..will decide the issue once and for all for conceptual clarity for the nation.” In an important development, several states decided to join the issue on the side of the petitioners and argued that there does exist a fundamental right to privacy in India.
The bench of nine SC judges continued hearing arguments for a second day, to settle the question of whether Indian citizens have a fundamental right to privacy, in the ongoing Aadhaar case. Several petitioners had questioned whether the government can mandatorily link the 12-digit, biometrics linked UID number to government services, and make it compulsory to enroll in the biometrics database.
Today, a five-judge bench of the Supreme Court presided over by Chief Justice of India J.S. Khehar heard a bunch of petitions today challenging Aadhaar, a biometrics-linked residents ID, on different grounds, including those related to right to privacy.
They decided to constitute a nine-judge bench to decide on the issue of whether we enjoy a right to privacy as a fundamental right under the Constitution of India.
The Supreme Court on Friday, July 7 heard applications for interim relief to stay notifications which make Unique Identification Number or Aadhaar, a biometrics-linked identity number for residents, mandatory for availing any benefits and entitlements. The applications are by the same petitioners whose challenge against the constitutionality of the Aadhaar Act is pending before a Constitution Bench of the Supreme Court.
The Aadhaar matter (Shantha Sinha & Anr vs. Union of India & Ors) was listed before a vacation bench of Justice Khanwilkar and Justice Navin Sinha today. Applications to stay notifications issued under Section 7 of the Aadhaar Act were before the Court. There are over a hundred such notifications, among them are notifications making Aadhaar mandatory for accessing benefits under mid-day meal scheme, benefits due to rescued bonded labourers, benefits due to victims of Bhopal gas leak, benefits due to girls rescued from human trafficking, benefits under PDS/NFSA etc.
Read the rejoinder by petitioners Shanta Sinha (political scientist, anti-child labour activist and padma sri winner) and Kalyani Menon-Sen (noted feminist activist) against the counter affidavit filed by the State on Aadhaar. It's not just the savings numbers that have been cooked up, but several other claims as well.
The Delhi Rozi Roti Adhikar Abhiyan has filed a case in the Delhi High Court against Aadhaar being made mandatory for receiving ration under the National Food Security Act. The matter was heard today, on May 25, by a bench of the Acting Chief Justice Geeta Mittal and Justice C. Hari Shankar.
