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Aadhaar card privacy: SC will hear Centre's argument

News Agencies | Updated on: 20 July 2017, 18:50 IST
Aadhaar card privacy

The Supreme Court will hear the Centre's arguments on the Aadhaar card privacy matter on Tuesday.

All the petitioners have completed their argument today in the apex court.

A nine-judge Constitution bench was hearing the arguments from various petitioners and respondents in the Aadhar privacy case.

The nine-judge Constitution bench was headed by Chief Justice of India Jagdish Singh Khehar.

The other eight judges in the top court's nine-judge Constitution bench, who were hearing the arguments in the issue from various parties including the petitioners and the respondents were Justices Rohinton Fali Nariman, Sanjay Kishan Kaul, Abhay Manohar Sapre, D. Y. Chandrachud, S. Abdul Nazeer, S. A. Bobde, R. K. Agrarwal and J. Chelameshwar.

The lawyer of the petitioner, in connection with the Aadhar matter argued on all issues arising out of the Aadhar card, especially the concern over whether it breaches the people's right to privacy.

"The issue is simple. Is there a fundamental right to privacy under the Indian Constitution? The view that existed earlier was an opinion that different fundamental rights were individual and distinct. And that Article 21 was a residuary right. The basic freedoms were under article 19," Senior Advocate Gopal Subramanian said yesterday.

Subramanian further argued that privacy is embedded in all processes of human life and liberty. The Preamble uses two expressions liberty and dignity. These two words are intended to convey an inherent right recognised by the Constitution and the privacy is embedded in both.

On June 10, the top court had ruled that from July 1 onward, every person eligible to obtain Aadhar card must quote their Aadhar number or their Aadhar Enrolment ID number for filing of Income Tax Returns as well as for applications for Permanent Account Number (PAN).

Following this, the apex court pronounced its order on mandatory requirements of Aadhar card for Income Tax Return (I-TR).

The Income Tax Department has stepped up its efforts to encourage people to link their PAN with Aadhar.

On July 12, the top court decided to constitute a five-judge bench to hear whether there is a right to privacy or not.

The matter was mentioned before a bench comprising of Chief Justice J.S. Khehar and Justice D.Y. Chandrachud, which said that it's five-judge Constitution Bench will hear Aadhar-related matters.


First published: 20 July 2017, 18:50 IST