The Supreme Court today reserved its order on whether the batch of petitions challenging the Aadhar scheme should be referred to a larger Bench..A three judge Bench comprising Justices Jasti Chelameswar, SA Bobde and C Nagappan after hearing the matter for more than two weeks, reserved its order today and said that it will pronounce its decision on August 11, i.e. Tuesday next week..While the petitioners had argued on merits relying on the premise that Right to Privacy is a Fundamental right , Attorney General Mukul Rohatgi, representing the Central government, had challenged the proposition that Right to Privacy is a fundamental right. He had submitted that the same needs to be decided since Kharak Singh’s case, which has laid down to the contrary, has not been overruled. He had, therefore, sought for referring the case to a larger Bench..The Central government today submitted questions for the consideration of the Court for framing questions of reference. They are:.Whether right to privacy is a fundamental right guaranteed under Part III of the Constitution of India in the light of express ratio to the contrary by an 8-judge Bench in MP Sharma v. Satish Sharma (1954) SCR 1077 and also by a 6-judge Bench of this Hon’ble court in Kharak Singh v. State of UP (1964) 1 SCR 332?If so what are the contours of the ‘Right to privacy’?Whether in the light of the above question, the subsequent judgments by lesser Bench strengths holding that there is a fundamental right to Privacy under Part III of the Constitution as emanating from Article 21 is contrary to the larger Bench decisions in Kharak Singh and MP Sharma….Whether in the light of the observations in Kharak Singh, is a ‘mere right to privacy’, a fundamental right under Part III of the Constitution.Whether the decision in Kharak Singh’s case is completely overruled by the decision in Maneka Gandhi’s case.
The Supreme Court today reserved its order on whether the batch of petitions challenging the Aadhar scheme should be referred to a larger Bench..A three judge Bench comprising Justices Jasti Chelameswar, SA Bobde and C Nagappan after hearing the matter for more than two weeks, reserved its order today and said that it will pronounce its decision on August 11, i.e. Tuesday next week..While the petitioners had argued on merits relying on the premise that Right to Privacy is a Fundamental right , Attorney General Mukul Rohatgi, representing the Central government, had challenged the proposition that Right to Privacy is a fundamental right. He had submitted that the same needs to be decided since Kharak Singh’s case, which has laid down to the contrary, has not been overruled. He had, therefore, sought for referring the case to a larger Bench..The Central government today submitted questions for the consideration of the Court for framing questions of reference. They are:.Whether right to privacy is a fundamental right guaranteed under Part III of the Constitution of India in the light of express ratio to the contrary by an 8-judge Bench in MP Sharma v. Satish Sharma (1954) SCR 1077 and also by a 6-judge Bench of this Hon’ble court in Kharak Singh v. State of UP (1964) 1 SCR 332?If so what are the contours of the ‘Right to privacy’?Whether in the light of the above question, the subsequent judgments by lesser Bench strengths holding that there is a fundamental right to Privacy under Part III of the Constitution as emanating from Article 21 is contrary to the larger Bench decisions in Kharak Singh and MP Sharma….Whether in the light of the observations in Kharak Singh, is a ‘mere right to privacy’, a fundamental right under Part III of the Constitution.Whether the decision in Kharak Singh’s case is completely overruled by the decision in Maneka Gandhi’s case.
