Nine-Judge SC Bench To Examine Whether Right To Privacy Is A Fundamental Right

Petitioners have contended that collection of iris scan and fingerprints by the State violate the citizens’ Right to Privacy.

New Delhi: Faced with numerous petitions claiming that Aadhaar violates the Right to Privacy, a Supreme Court five-judge bench led by Chief Justice JS Khehar on Tuesday referred the issue to the nine-judge bench to rule if the Indian Constitution talks of a Fundamental Right to Privacy.

The issue has become contentious as Right to Privacy has been pitched as a fundamental right by petitioners. The case has been referred to the nine-judge bench for an authoritative ruling over the issue.

Earlier, in 1950, an eight-judge bench pronouncing its verdict held that there is no Fundamental Right to Privacy. In this context, the CJI-led bench decided to get the issue examined by a larger nine-judge bench.

According to reports, the CJI maintained that Right to Privacy is a very important issue and it is crucial to decide if there is a Fundamental Right to Privacy.

The hearing in the matter will commence on Wednesday.

The petitioners, in their pleas, contended that collection of iris scan and fingerprints by the State violate the citizens Right to Privacy.

If the nine-judge bench rules that right to privacy is a fundamental right, then all matters relating Aadhaar will go back to the original three-judge bench.

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