Adhaar schemes have long been under controversy. One side claim benefits while the other claim it to be a defiance of the fundamental rights of the citizens. After the many controversies surrounding the scheme gained traction in the social media, the Chief Justice of India has decided to constitute a five-judge Constitution Bench to hear petitions against the validity of Aadhaar scheme from the last week of November.
CIJ Dipak Misra took the step after Attorney General K K Venugopal said that falsehoods have been spread about Aadhaar linking, including how Aadhaar is a must for CBSE students to appear in ther Class 10 and 12 exams.
Mr. Venugopal said the government is ready to argue the claims and that the court, if it deems fit, should set up a Constitution Bench to decide, once and for all, the various Aadhaar challenges pending before the apex court since 2014 instead of passing any interim orders.
Mr. Venugopal had conveyed to the court about the decision of the government to extend the time during an urgent mentioning in the Supreme Court by petitioners who have challenged both the validity of the Aadhaar scheme and the law passed subsequently in 2016.
This Bench led by Justice J. Chelameswar had referred the petitions for hearing before a five-judge Bench. The five-judge Bench had found it necessary to first decide whether privacy was a fundamental right or not before hearing the Aadhaar petitions.
The petitioners argue that mandatory requirement of Aadhaar for these schemes “constrict rights and freedoms which a citizen has long been enjoying unless and until they part with their personal biometric information to the government.”
The petitions have termed the Aadhaar Act of 2016 as unconstitutional and contrary to concept of limited and accountable governance.
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