Supreme Court to hear Aadhar Review petitions tomorrow in chamber

The matter will be heard in chamber by a Bench of Justices AM Khanwilkar, DY Chandrachud, Ashok Bhushan, S Abdul Nazeer and BR Gavai at 1.30 pm in chamber.
Supreme Court to hear Aadhar Review petitions tomorrow in chamber
Supreme Court, Aadhaar

The review petitions filed against the 2018 judgment, which upheld the constitutionality of the Aadhaar Scheme, has been listed for an in chamber hearing by the Supreme Court tomorrow.

The matter will be heard by a Bench of Justices AM Khanwilkar, DY Chandrachud, Ashok Bhushan, S Abdul Nazeer and BR Gavai at 1.30 pm in chamber.

The review was earlier slated to be held on June 9, last year, with Chief Justice SA Bobde and Justice L Nageswara Rao also forming part of the Bench.

Supreme Court, Aadhaar
In-chamber Aadhaar Review hearing no longer on June 9, new date yet to be announced

In May 2017, a petition questioning the Centre’s notification to make Aadhaar mandatory for mid-day meals was adjourned when Justice L Nageswara Rao recused, as he had earlier appeared for Unique Identification Authority of India (UIDAI) as a lawyer. The decision to reschedule the June 9 hearing was also attributed to this factor.

Apart from Justice Rao, the Bench now constituted to hear the review tomorrow also sees the substitution of Chief Justice Bobde. Instead, Justices Abdul Nazeer and BR Gavai have been made part of the Bench hearing the review petitions tomorrow.

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.

Supreme Court, Aadhaar
Aadhar Review: 5 Judge-Bench to hear Review in-Chambers on June 9, Petitioners urge Supreme Court hear review in Open Court

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.

A Bench of then Chief Justice Dipak Misra and Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan had passed its ruling in the Aadhaar case in September 2018, with Justice Chandrachud dissenting.

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