New Delhi: A five-judge Constitution Bench is likely to begin examining validity of Aadhaar in the first week of November.
Chief Justice of India Dipak Misra said that the final arguments in the matter may begin in November first week.
Attorney General K K Venugopal said that the cases should be heard by a five-judge bench considering the importance of the issue. “In view of far reaching effect of this on the entire population of this country, let it come up before a Constitution Bench,” Venugopal told the CJI.
Lawyer for a clutch of petitioners, Shyam Divan, also emphasised the need to have a Constitution Bench hearing in the matter. He pointed out that only one of the six judgments in the Right to Privacy case had stated that Aadhaar matters be sent to a three-judge bench and therefore, a specific order will be required to lace before a five-judge bench.
Meanwhile, the AG further informed the CJI that the government has extended till December 31 the deadline for obtaining Aadhaar for availing benefits under various schemes and also as mandatory identity proof.
Venugopal said that in view of the extension of the deadline, there is no urgency in listing the case. Divan agreed with him and said that the matter could be heard extensively in November of the existing deadline of September 30 is to be extended.
"We also think there is no urgency in view of the statement made by the AG," said the CJI.
After a decision by a nine-judge bench last week that privacy is a fundamental right, a new bench of the Supreme Court has to now determine whether the Aadhaar scheme violates privacy of citizens.
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