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Aadhaar hearing commences before the 5-judge Constitution Bench [Read highlights]

Supreme Court: The much awaited Aadhaar hearing began today before the 5-judge bench of Dipak Misra, CJ and Dr. AK Sikri, AM Khanwilkar, Dr. DY Chandrachud and Ashok Bhushan, JJ, and below are the highlights from Day 1 of the hearing:

Arguments advanced by Senior Advocate Shyam Divan, appearing for petitioners:

Background of the ongoing Aadhaar hearing:

The 5-judge bench has sat together for the final hearing of the Aadhaar matter after the 9-judge bench declared right to Privacy as a Fundamental Right. The said Privacy issue that arose during the Aadhaar hearing when the 5-judge bench of J.S. Khehar, Former CJ and J Chelameswar, SA Bobde, DY Chandrachud & S.A. Nazeer, JJ said that in the light of the rulings by the 8-judge and 6-judge benches in M.P. Sharma v. Satish Chandra and Kharak Singh v. State of U.P., holding that Right to Privacy is not a fundamental right, a larger bench needs to determine whether right to privacy is a fundamental right or not, before deciding the validity of the Aadhaar Scheme.

Earlier, a 3-judge bench in K.S. Puttaswamy v. Union of India, (2015) 8 SCC 735 had referred the Aadhaar matter to a larger bench while stating that if the MP Sharma and Kharak Singh cases “are to be read literally and accepted as the law of this country, the fundamental rights guaranteed under the Constitution of India and more particularly right to liberty under Article 21 would be denuded of vigour and vitality.”

On 14.12.2017, the bench had, upon request made by Senior Advocate Shyam Divan, agreed to hear the matter for interim relief after he told the Court that no person should suffer for not having an Aadhaar card, till the case is heard and decided. As a result, on 15.12.2017, the deadline for linking Aadhaar with all the schemes and existing bank accounts was extended from 31st December, 2017 to 31st March 2018. The bench had also clarified that clarified that as far as the provisions of Section 139 AA of the Income Tax Act, 1961 are concerned, the matter stands governed by the judgment of this Court in Binoy Visman v. Union of India2017 SCC OnLine SC 647.

Source: twitter.com/gautambhatia88

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