SC Bench Will Hear Aadhaar Challenges in Last Week of November

Govt refused to extend deadline for linking Aadhaar to services, and so a decision will be required before 31 Dec

Chief Justice of India Dipak Misra on Monday, 30 October, said that a constitution bench will be set up to hear the cases on the constitutionality of the Aadhaar in the final week of November. The case will encompass a number of petitions challenging the unique identification programme and its linking with various public and private services.

The challenges are based on the contention that collection of biometric information for Aadhaar, and subsequently making it mandatory for various things, violates citizens’ fundamental right to privacy. In August, a nine-judge bench of the Supreme Court had held that Indian citizens do have a fundamental right to privacy, rejecting the government’s argument (raised in response to challenges to Aadhaar) that privacy was not guaranteed under the Constitution.

As the matter still involves the substantial question of law relating to the interpretation of the Constitution, a five-judge bench (or constitution bench) is required to hear it.

Also Read: Deadline to Link Aadhaar to Services May be Extended to March 2018

Govt Not Willing to Extend Deadline or Give Assurances

The court was meant to be hearing Attorney General KK Venugopal at 10:30 am on Monday, 30 October, on the government’s conclusive position on extending the deadline for linking services to the Aadhaar. During a ‘mentioning’ hearing on Wednesday, 25 October, Venugopal had said the government was willing to extend the deadline for people who had not yet enrolled for the Aadhaar, but not those who had already received it.

The Attorney General failed to appear in the morning, but did come before the bench of Justices Dipak Misra, AM Khanwilkar, and DY Chandrachud later in the afternoon. He clarified that the government was not willing to extend the deadline to link Aadhaar to various private and public services.

Also Watch: How Will Aadhaar Be Affected by SC’s Right to Privacy Verdict?

He stated that the government was willing to argue the full case on the constitutionality of the Aadhaar before the Supreme Court at the earliest, and insisted that the apex court must not pass any interim orders against the linking of the Aadhaar, arguing that reports in the media against it were false.

The CJI had earlier intended to set up the constitution bench in January 2018. Since this would have been after the current deadline, he had asked the government to provide assurances that no action would be taken against those who had not chosen to link their Aadhaar. The government, however, refused to provide any such assurances, and so the CJI fixed the date for end of November.

No Extension of Deadline

This means that the deadline to link various services to Aadhaar, including bank accounts and welfare schemes, of 31 December 2017, remains in force.

Also Read: But Mr Prasad, I AM Forced to Link Aadhaar to These Facilities

It is important to note this as several news organisations had incorrectly reported last week that the deadline to link Aadhaar had already been extended to 31 March 2018.

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