indo–asian news service
New Delhi, July 18: The Supreme Court Tuesday referred to a nine-judge Constitution Bench the question whether right to privacy is a fundamental right on which hinges the challenge to the validity of the Aadhaar scheme.
Referring the matter to the larger bench, a five-judge constitution bench headed by Chief Justice J.S. Khehar said, “… during the course of the hearing today, it seems that it has become essential for us to determine whether there is any fundamental right of privacy under the Indian Constitution.”
“The determination of this question would essentially entail whether the decision recorded by this court (in 1954) …by an eight-judge Constitution Bench, and also … by a six-judge Constitution Bench (in 1962), that there is no such fundamental right, is the correct expression of the Constitutional position,” said the bench of five judges in their order Tuesday.
Hearing by the nine-judge Constitution Bench would commence Wednesday. Though the hearing is expected to conclude Wednesday itself, the possibility of it getting extended by another day is not being ruled out.
The court permitted both the sides the liberty to submit their written briefs.
Besides Chief Justice Khehar, other judges on the bench are Justice J. Chelameswar, Justice S.A. Bobde, Justice D.Y. Chandrachud and Justice S. Abdul Nazeer.
The apex court said that the nine-judge bench will also examine the correctness of the position taken by an eight-judge bench in 1954, and subsequently by a six-judge bench in 1962.
