9-judge SC bench to decide on right to privacy then take up Aadhaar petitions

A nine-judge constitution bench will revisit Supreme Court's rulings that said the right to privacy was not a fundamental right, the top court said on Tuesday while hearing petitions challenging Aadhaar.

A five-judge bench headed by Chief Justice of India JS Khehar on Tuesday said the larger bench would decide "whether there is no right of privacy in the Indian Constitution" before hearing petitions that challenged the 12-digit biometric identity number for allegedly violating right to privacy.

"During the course of hearing today it has become essential for us to determine whether right to privacy is a fundamental right under the



Constitution," the bench said in its brief order.

"The determination of this question would essentially entail whether the decision recorded by an eight-judge bench in 1954 and also by a six-judge bench in 1962 that there is no such fundamental right is the correct expression of constitutional provisions."

The nine-bench is expected to hear the matter on Wednesday.

The government is pushing for Aadhaar, saying it is necessary to plug leakages in its subsidy schemes and to ensure benefits reach those targeted and transparency. But critics say the move violates privacy, is vulnerable to data breaches and helps government spy on people.