Nine-Judge SC bench examines right to privacy issue

19 July, New Delhi

Supreme Court’s nine-judge bench will take up and likely conclude its hearing today on whether Right to Privacy is a fundamental right under the constitution.

A five-judge constitution bench, headed by Chief Justice JS Khehar, yesterday said, a nine judge bench would examine the correctness of two earlier judgments pronounced by the Supreme Court in which it was held that right to privacy was not a fundamental right.

One verdict was delivered by a six-judge bench in 1962, the other was in 1950 and was delivered by an eight-judge bench. The apex court said, the nine judge bench will decide on the earlier rulings if they were correct interpretations of the constitution.

The decision to form a larger bench follows filing of a bunch of petitions contending that the Aadhaar scheme, which requires the mandatory parting of biometric details, is a violation of the citizens’ right to privacy.

Appearing for the Centre, Attorney General KK Venugopal conceded that there is a common law right to privacy. He submitted that even as the founding fathers of the Constitution gave its citizens all kinds of fundamental rights, the right to privacy was consciously avoided.

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