- A five-judge bench will determine if use of Aadhaar violates right to privacy and should be struck down
- The Supreme Court will also give its decision on PILs seeking live streaming of court proceedings
- The Court will also pronounce on a petition by Congress leader Ahmed Patel seeking dismissal of a petition challenging his election to Rajya Sabha
NEW DELHI: All eyes will be on the The SC order will have implications for linking Aadhaar to government welfare and financial inclusion schemes, bank accounts and PAN cards, UID authentication by private entities and also address concerns over exclusion, privacy and security as regards storage and use of biometric data of 122 crore individuals currently enrolled by the Unique Identification Authority of India (UIDAI).
A bench of CJI Misra and Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan will determine if use of Aadhaar violates right to privacy and should be struck down. On an alternative, there is a possibility the SC could uphold validity of Aadhaar and yet call for robust data protection regime to safeguard personal data linked to Aadhaar and rule out a big brother regime.
On August 24 last year, while delivering its ruling giving right to privacy the status of a fundamental right, the SC had said the Centre may have justifiable reasons, apart from security concerns, for collection and storage of data. If on one hand, the SC rejected the Centre’s argument that privacy could not be treated as a fundamental right to scuttle right to food of millions through Aadhaar-linked welfare schemes, it conceded the need for collection of personal data to ensure essential items reached needy.
Wednesday will be a mega day in the Supreme Court as it would also deliver a verdict on whether to refer to a seven-judge bench the request for reconsideration of the 2006 judgment in the Nagraj case, in which the apex court had inserted three caveats while upholding validity of quota in promotion for Scheduled Castes and Tribes government employees.
The Supreme Court will also give its decision on PILs seeking live streaming of court proceedings. During the hearing, the court had agreed with attorney general K K Venugopal to start delayed live streaming on an experimental basis in the Chief Justice of India’s courtroom pertaining to important constitutional issues.
The court will also give its verdict on another PIL filed by NGO ‘Lok Prahari’ demanding that once an MP, MLA or MLC was convicted and sentenced to two or more years of jail and so disqualified, no court should stay conviction in the interim stage of appeal to permit a convicted politician to resume membership of the House.
The Supreme Court will also pronounce on a petition by Congress leader Ahmed Patel, who has sought dismissal of a petition in Gujarat high court challenging his election to Rajya Sabha in August last year