Supreme Court 5-judge bench to hear constitutional validity of Aadhar in November


Just days after West Bengal chief minister, Mamata Banerjee threatened not to link her Aadhaar to her mobile phone, the Supreme Court on Monday said it will hear the constitutional validity of Aadhaar in the last week of November.

Photo for representational purpose.

The top court has already ruled that the right to privacy is a fundamental right. The constitutional validity of Aadhaar will be heard by the Supreme Court’s five-judge bench.

On Monday, the apex court had asked Mamata Banerjee to file her petition challenging the central government’s decision to link Aadhaar to mobile phones and bank accounts in her individual capacity.

The apex court had observed as to how a state could challenge a law passed by the Centre. The West Bengal government will now make necessary amendments in its petition before filing the petition again.

The SC has also issued notices to the Centre and telcom companies asking them to file their responses on the matter.

Banerjee last week had said that she will not link her Aadhaar to her mobile phone even if it meant having her mobile disconnected.

According to a government notice in March this year, all phone users have to link their Aadhaar card numbers to their mobile phones to avoid disconnection. The Aadhaar number is also essential for subscribers going for new SIMs.

However, later in the year, the Supreme Court had ruled the right to privacy was a fundamental rigght, a verdict that was widely perceived to be a huge blow to the Centre’s attempts to make Aadhar mandatory to have mobile connectivity and bank accounts. But the Supreme Court’s slow progress on hearing the matter means that people may be left with no choice but to be forced to link their Aadhaar in the new year.


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