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30 August 2017
The
Centre told the Supreme Court on Wednesday that the deadline for linking
Aadhaar to various government schemes for benefits will be extended till
December 31.
A
bench of Chief Justice Dipak Misra, Justice Amitava Roy and Justice A.M.
Khanwilkar said the challenge to the constitutional validity of the Aadhaar
scheme would be heard in the first week of November. The Total Investment & Insurance Solutions
Attorney
General K.K. Venugopal told the court that the existing deadline of September
30 would be extended by three months. The Total
Investment & Insurance Solutions
Venugopal
made the statement after senior counsel Shyam Divan, appearing for a batch of
petitioners, including former Karnataka High Court judge Justice K.S.
Puttaswamy, said that if the government was inclined to extend the deadline,
then the matter could be heard in November.
The
hearing on the challenge to the validity of Aadhaar is the next step after the
top court by its August 24 verdict declared that the right to privacy was a
fundamental right.
Even
in the course of the hearing by the nine-judge bench on the nature of the right
to privacy, it was made clear that the bench would only decide on the
correctness or otherwise of the judgments pronounced in 1954 by an eight-judge
bench and in 1962 by a six-judge bench that the right to privacy was not a
fundamental right. The Total Investment & Insurance
Solutions
The
court had said that after it had decided whether right to privacy was a
fundamental right or not, then a regular bench would examine the challenge to
Aadhaar scheme on the grounds of its being violative of the right to privacy. The Total Investment & Insurance Solutions
Justice
Rohinton Fali Nariman, who was on the bench of nine judges, had in his judgment
said that the challenge to the validity of Aadhaar on the grounds of its being
violative of the right to privacy would be adjudicated by the original bench of
three judges in the light of the decision elevating right to privacy as a
fundamental right. The Total Investment & Insurance
Solutions
It
was contended that the State could not insist on the citizens to part with
their personal data including iris scan and finger prints. The Total Investment & Insurance Solutions
The
top court bench of Justice J. Chelameswar, Justice S.A. Bobde and Justice C.
Nagappan had on August 11, 2015 referred to a larger bench the question whether
privacy was a fundamental right or not. The
Total Investment & Insurance Solutions
The
three judge bench referred the matter to the larger bench after the Centre
contended that a bench of eight judges in 1954 and subsequently of six judges
in 1962 had held that right to privacy was not a fundamental right. The Total Investment & Insurance Solutions
However,
from the mid-70s onwards, the benches of two or three judge strength
consistently held that right to privacy was a fundamental right.The Total Investment & Insurance Solutions
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