Five-judge Bench to hear Aadhaar pleas: 

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Five-judge Bench to hear Aadhaar pleas

Five judges- Bench constituted to hear Aadhaar pleas:

Context: A five-judge bench of the Supreme Court will hear a bunch of petitions challenging the constitutionality of the Aadhaar scheme, primarily whether the parting of biometric details by citizens to access welfare and benefits under the scheme is a violation of the right to privacy. Introduction:

  • Attorney General K.K Venugopal for the Centre and senior advocate Shyam Divan made an urgent mention before a bench led by Chief Justice of India J. S. Khehar for setting up a Constitution bench to hear the petitions at the earliest.
  • The CJI’s decision to set up a five-judge Constitution Bench came after Attorney-General KK Venugopal and senior advocate Shyam Divan mentioned the matter before him. .
  • The Supreme Court had referred the case for hearing before a Constitution bench in October 2015.
  • This is the first time the government has formally joined the petitioner’s side to mention the case for an early hearing by a larger bench.
  • The petitions were filed after Centre notified making Aadhaar mandatory for availing benefits of social welfare schemes.
  • The centre, however, had assured the top court that no one would be deprived for want of this identification.
  • Petitions have been field in the apex court challenging several government notifications mandating Aadhaar for availing benefits under various social welfare schemes.
  • One of the petitions being heard is filed by former NCPCR chairperson and Maysaysay winner Shanta Sinha.
  • The top court, however, had allowed the Centre to seek Aadhaar card voluntarily from citizens for extending benefits of schemes like LPG subsidy, Jan Dhan scheme and Public Distribution System.

Hearing on July 18-19:

  • The Constitution Bench will decide if the Aadhaar scheme violated an individual’s right to privacy.
  • The bench may also refer the issue to a 9 judge bench.
  • The hearing would begin on July 18
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