LAW MANTRA     (Think Beyond Others)

Nine judge Constitutional bench will decide whether privacy is fundamental right

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Today, while hearing the Aadhar linking with PAN case, Five-judge Constitution Bench refer the matter before 9 judge constitutional bench to decide whether the Right to Privacy is a fundamental right under the Constitution of India.

Supreme Court in its earlier judgments i.e MP Sharma And Others v. Satish Chandra and Kharak Singh v. State of Uttar Pradesh observed that right to privacy is not a fundamental right, Centre relied on the aforementioned  judgments and contended that no PIL could be filed to challenge validity of Aadhaar on ground of violation of fundamental rights.

Eventually, five judges came to the conclusion that limited issue of privacy should be settled by a nine judge Bench, hearing will start from tomorrow. Once, the issue regarding fundamental right will be decided, the case will be sent back to a five judge Bench for determination of validity of Aadhaar.

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