Update on Aadhaar hearing

In October 2015, a 3-judge bench of the Supreme Court of India referred challenges to the Aadhaar program to a constitution bench. One of the primary concerns of this petition was to decide on the existence of a fundamental right to privacy, which has since been upheld. Other similar petitions, concerned with the legitimacy of Aadhaar had been tagged with this petition. While the existence of a fundamental right has been upheld, challenges against the Aadhaar programme are yet to be adjudicated upon.

On the 30th of October, the Chief Justice stated that a Constitution Bench would be constituted and the Aadhaar linking matter would be heard in the last week of November, 2017. More on this can be found in our post here.

Today, the matter was mentioned again.

The Attorney General stated that the hearing should be scheduled for the end of January or the beginning of February, since it would take 6 weeks to conclude. He also made reference to a white paper on data protection the Srikrishna Committee was about to release, and stated that the hearing should commence after these recommendations were considered.

At this point, Mr. Shyam Diwan stated that interim relief in the form of an order should be granted, if the matter could not be heard before the 31st of December. Mr. Diwan reiterated that interim relief was promised if the matter went on beyond the 31st of December.

The Attorney General mentioned that since the matter was of national importance, it would be best for it to be heard before the constitutional bench.

The Chief Justice stated that interim relief would have to be passed by the constitutional bench as well.

Presently, it is unclear whether the matter will be heard next week and dates for hearings in January and February have also not been mentioned.

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