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.