Deprecated (16384): The ArrayAccess methods will be removed in 4.0.0.Use getParam(), getData() and getQuery() instead. - /home/brlfuser/public_html/src/Controller/ArtileDetailController.php, line: 150
 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php. [CORE/src/Core/functions.php, line 311]
Deprecated (16384): The ArrayAccess methods will be removed in 4.0.0.Use getParam(), getData() and getQuery() instead. - /home/brlfuser/public_html/src/Controller/ArtileDetailController.php, line: 151
 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php. [CORE/src/Core/functions.php, line 311]
Warning (512): Unable to emit headers. Headers sent in file=/home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php line=853 [CORE/src/Http/ResponseEmitter.php, line 48]
Warning (2): Cannot modify header information - headers already sent by (output started at /home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php:853) [CORE/src/Http/ResponseEmitter.php, line 148]
Warning (2): Cannot modify header information - headers already sent by (output started at /home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php:853) [CORE/src/Http/ResponseEmitter.php, line 181]
LATEST NEWS UPDATES | Challenge to Aadhaar act: Is privacy basic right? 9-judge Bench to decide -Ananthakrishnan G

Challenge to Aadhaar act: Is privacy basic right? 9-judge Bench to decide -Ananthakrishnan G

Share this article Share this article
published Published on Jul 19, 2017   modified Modified on Jul 19, 2017
-The Indian Express

A five-judge Constitution Bench, which met to examine if the Aadhaar Act violates a person’s right to privacy, realised that the court will have to first answer if right to privacy constitutes a fundamental right under the Constitution before it takes up the main question.

New Delhi: The Supreme Court decided Tuesday to set up a nine-judge bench to decide whether right to privacy can be declared a fundamental right under the Constitution. A five-judge Constitution Bench, headed by Chief Justice of India J S Khehar, which met to examine if the Aadhaar Act violates a person’s right to privacy, realised that the court will have to first answer if right to privacy constitutes a fundamental right under the Constitution before it takes up the main question.

After an hour-long hearing, the bench, which also included Justices J Chelameswar, S A Bobde, S Abdul Nazeer and D Y Chandrachud, referred the question to a nine-judge Constitution Bench. The larger bench will hear arguments on the point on Wednesday and its outcome will decide whether the five-judge bench will still have to adjudicate on the challenge to the Aadhaar Act.

The judges noted that two earlier judgements of the court — M P Sharma’s case in 1954 and Kharak Singh’s case in 1962 — had held that privacy was not a fundamental right. While the first was delivered by an eight-judge bench, the latter was decided by a six-judge bench.

“It is essential for us to determine whether there is a fundamental right to privacy in the Indian Constitution. Determination of the question would essentially entail whether the decisions in M P Sharma (case) by an eight-judge bench and Kharak Singh (case) by a six-judge bench that there is no such fundamental right is the correct expression of constitutional provisions,” the Bench recorded in its order.

Please click here to read more.

The Indian Express, 19 July, 2017, http://indianexpress.com/article/india/challenge-to-aadhaar-act-is-privacy-basic-right-9-judge-bench-to-decide-4757165/


Related Articles

 

Write Comments

Your email address will not be published. Required fields are marked *

*

Video Archives

Archives

share on Facebook
Twitter
RSS
Feedback
Read Later

Contact Form

Please enter security code
      Close