In response to petitions that challenge Aadhaar for violating privacy, the Supreme Court on Tuesday said the constitution bench would revisit its rulings that said the right to privacy was not a fundamental right.
“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,” a five-judge bench headed by Chief Justice of India JS Khehar said.
The bench, comprising Chief Justice of India J.S. Khehar, and Justices D.Y. Chandrachud, J. Chelameswar, S.A. Bobde and Abdul Nazeer, was to hear a total of 22 cases that challenge several aspects of Aadhaar and the use/sharing of data collected under it. The petitioners had argued that right to privacy is part of Article 21, the right to life, and interspersed in Article 19, though not expressly said in the Constitution.
“Textually it is correct today that there is no right to privacy in the Constitution. But even freedom of press is not expressly stated. This court has interpreted it,” the judge said, adding the earlier verdicts should be looked at again.
Only after the bench makes a determination, the petitions against the 12-digit biometric identity number will be considered.
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