Aadhaar validity

Why it is in news?

  • The Supreme Court  decided to constitute a five-judge Constitution Bench to hear petitions from November against the validity of the Aadhaar scheme.
  • A separate Bench of SC, meanwhile, issued notice to the government on a petition challenging the mandatory linking of Aadhaar with mobile numbers.
  • Petition  said the linkage was “orchestrated by the Union of India in tandem with private telecom service providers” in violation of the fundamental right to privacy. 

Urgent mentioning

  •  AG said a Constitution Bench may be set up to decide, once and for all, the various Aadhaar challenges pending before the court since 2014 instead of passing any interim orders.
  • The decision to set up a five-judge Bench comes despite SC separate judgment in the nine-judge Bench declaring privacy as a fundamental right.
  • Privacy judgment had directed the Aadhaar petitions to be posted for hearing before the ‘original’ three-judge Bench.

  

Historic judgment

  • It had referred the legal question to a nine-judge Bench, which came out with the historic judgment in favour of the common man’s fundamental right to privacy against state intrusions.
  • The nine-judge Bench verdict has a crucial bearing in the Aadhaar petitions, which have argued that Aadhaar's use of biometric details like fingerprints and iris scans violate bodily and informational privacy.
  • The petitioners argue that mandatory requirement of Aadhaar for these schemes "constrict rights and freedoms which a citizen has long been enjoying unless and until they part with their personal biometric information to the government".
  • The petitions have termed the Aadhaar Act of 2016 as unconstitutional and contrary to concept of limited and accountable governance.

Source: The Hindu

Posted by Jawwad Kazi on 31st Oct 2017