Breaking: Justices RK Agarwal, Rohinton Nariman, AM Sapre, SK Kaul in 9-judge Bench to hear Right to Privacy

Supreme Court of India has decided the composition of the 9-judge Bench (Justice KS Puttaswamy (Retd.) & Anr. v. Union of India & Ors ) which will decide whether Right to Privacy is a Fundamental Right under the Constitution of India..The Bench is composed of –.CJI JS Khehar,J Chelameswar, SA Bobde, RK Agarwal, Rohinton Fali Nariman, Abhay Manohar Sapre, DY Chandrachud, Sanjay Kishan Kaul and Abdul Nazeer.This would be the second time in the last ten years that a Bench of nine judges would be sitting to decide a case in Supreme Court. The last time the Supreme Court assembled a 9 Judge bench was in the Entry Tax case..Earlier today, a 5-judge Constitution Bench had decided that the position regarding Right to Privacy under the Indian Constitution has to be decided by a 9-judge Bench in the light of the difference in views expressed by the parties regarding two judgments – MP Sharma And Others v. Satish Chandra and Kharak Singh v. State of Uttar Pradesh.The judgments in MP Sharma, rendered by an 8-judge Bench in 1954, and Kharak Singh, rendered in 1962 by a 6-judge Bench, are the judgments which discuss Right to Privacy as a facet of Fundamental Rights under Article 21 of the Constitution..It is the Centre’s contention that these cases do not lay down any Right to Privacy. The 9-judge Bench will re-examine the ratio laid down in these two judgments..If the 9-judge Bench accepts the Centre’s stance, then subsequent judgments rendered by various courts relying on the above two decisions would be rendered per incuriam..Once the 9-judge Bench in Justice KS Puttaswamy (Retd.) & Anr. v. Union of India & Ors decides the issue, the case will be sent back to a 5-judge Bench for determination of validity of Aadhaar.