Constitution Bench to hear Aadhaar pleas

The matter was mentioned before a bench comprising Chief Justice JS Khehar and Justice DY Chandrachud, as on July 7, a three-judge bench had said that all issues arising out of Aadhaar should finally be decided by a larger bench, preferably comprising more than five-judges. It had also asked the Centre and those opposing Aadhaar to approach the CJI for setting up of a Constitution Bench. 

On Wednesday, Attorney General KK Venugopal and senior advocate Shyam Divan, appearing for the petitioners who have challenged the Centre’s move to make Aadhaar mandatory for various welfare schemes, jointly mentioned the matter before the bench and requested that there should be an early hearing in the matter by a Constitution Bench. 

Venugopal told the bench that an eight-judge bench of the apex court had earlier held that right to privacy was not a fundamental right and its five-judge Constitution Bench Swould have to examine whether the matter was required to be referred to a nine-judge bench. 

When Justice Khehar asked Venugopal and Divan whether the matter should be heard by a larger Constitution Bench, both the parties said it has to be first heard by a five-judge bench. Divan then said they would conclude the arguments in two days, following which Justice Khehar fixed the matter for hearing on July 18 and 19 before the Constitution Bench.