Petitioners cited finger prints and iris scan among the personal details that are collected as a violation of right to privacy.
The Supreme Court, on Wednesday, has agreed to hear all the issues arising out of mandating Aadhar card for income tax filing on July 18.
The matter was mentioned before a bench comprising of Chief Justice J S Khehar and Justice D Y Chandrachud, which said that its five-judge Constitution Bench will hear Aadhaar-related matters. It had said the parties were free to approach CJI Khehar to seek an early setting up of the bench for speedy disposal of the matter.
The court also took note of the fact of the enactment of the Aadhaar Act giving the scheme a statutory status.
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Mr. Divan, along with advocates Vipin Nair and P.B. Suresh, submitted that the case came up for hearing on July 7 before a three-judge Bench led by Justice J. Chelameswar, who remarked orally that the constitutionality of the Aadhaar scheme should be decided "once and for all" and probably by a nine-judge Bench.
There seems to be a fair chance the bench will refer the issue to a larger bench, given that only two days have been set aside for the hearing later this month. In a setback to the Arvind Kejriwal government, the Supreme Court had refused to stay the Delhi High Court's verdict declaring the LG the administrative head of Delhi.
Venugopal told the bench that an eight-judge bench of the apex court had earlier held that right to privacy was not a fundamental right and its five-judge Constitution Bench would have to examine whether the matter was required to be referred to a nine-judge bench.
The five-judge bench will hear the concerns over privacy implications of mandating Aadhar card.