Aadhar hearing from tomorrow before CJI Dattu headed Constitution Bench [Read Timeline]

Two and half years after the matter was first heard, the challenge to the Aadhar scheme will now be heard by a Constitution Bench starting tomorrow. The Constitution Bench will be presided by Chief Justice HL Dattu and will comprise of Justices MY Eqbal, C Nagappan, Arun Mishra and Amitava Roy..The central issue before the Bench – the validity of Aadhar, is also one with great Constitutional significance. More specifically on whether the right to privacy is recognized as a fundamental right or not. However, it is not clear how a 5 judge Bench will be able to pronounce upon the same, given the fact that the Centre has relied on an 8 judge Bench decision of MP Sharma v. Satish Chandra and contended that the same has not been overruled..The Constitution Bench will also consider applications made by various government agencies and financial institutions including the RBI and the UIDAI seeking clarification on the interim order passed by the earlier Bench. The 3-judge Bench had ordered that Aadhar should not be mandatory except for availing benefits pertaining to PDS and LPG..This matter had first come to the Supreme Court in 2012 with Karnataka High Court’s Justice (Retd) KS Puttaswamy challenge. The apex court had issued notice in the case in November 2012. Subsequently a number of petitioners had moved the Supreme Court..Initially the matter was heard by a three judge Bench presided by Justice BS Chauhan. Justice Chauhan’s retirement meant that a new Bench had to be constituted; with Justices Jasti Chelameswar, SA Bobde and C Nagappan hearing the case..The final hearing in the case began once again in July 2015..However, the argument made by AG Mukul Rohatgi that there is a divergence of opinion on right to privacy being a fundamental right resulted in the case being referred to a larger Bench..Below is a brief timeline of events so far..November 30, 2012: Supreme Court issues notice in petition filed by former Karnataka High Court judge Justice KS Puttaswamy challenging the Aadhar scheme. .July 22, 2015: Attorney General Mukul Rohatgi submits that that there is a divergence of view with respect to whether right to privacy is a fundamental right under Article 21 or not. Rohatgi argues that the 8-judge decision in MP Sharma v. Satish Chandra was misinterpreted by subsequent Benches of the Supreme Court to read into Article 21, right to privacy. He, therefore, seeks reference of the case to a larger Bench..July 23, 2015: Senior Advocate Gopal Subramanium launches into a scathing attack on the Central government. Arguing for one of the petitioners, Mathew Thomas, Subramanium submits that right to privacy is hard fought jurisprudence which developed over a period of 40 years and it cannot be revisited..August 6, 2015: Supreme Court reserves its order on whether the case should be referred to a larger Bench..August 11, 2015: Supreme Court refers the case to a larger bench holding that the uncertainty surrounding right to privacy should be put to an end once and for all. The Court also gives an interim direction that Aadhar shall not be used by government and its agencies for any purpose other than PDS scheme and LPG Distribution scheme.