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The Supreme Court's in-chamber hearing of the review petitions filed against the 2018 judgment upholding the constitutionality of the Aadhaar Scheme, earlier scheduled for June 9, has been rescheduled indefinitely (Shanta Sinha and Another vs Union of India and Others).
As on June 8, no new date has been given for hearing the Aadhaar review petitions.
The review hearing was listed in chambers before the Bench of Chief Justice of India SA Bobde, and Justices AM Khanwilkar, DY Chandrachud, Ashok Bhushan and L Nageswara Rao.
In May 2017, a petition questioning the Centre’s notification to make Aadhaar mandatory for mid-day meals was adjourned when Justice LN Rao recused, as he had earlier appeared for UIDAI as a lawyer.
It is likely that the listing for the review hearing may have been deleted for this very reason.
Senior Advocate Shyam Divan, appearing on behalf of the petitioners, had urged that the review against the verdict that upheld the constitutional validity of the Aadhaar (Targeted Delivery of Financial and other subsidies, benefits and services) Act, 2016 be heard in open court. However, the Court chose to list the matter to be heard in chambers.
The primary ground for challenging the correctness of 2018 judgment is that the Act was "incorrectly certified as a Money Bill by the Speaker of the Lok Sabha."
It has been further contended that the present case of review involves important issues relating to the interpretation of the Constitution which requires oral submissions before an open court hearing.