Chief Justice of India Justice JS Khehar has constituted the Nine Judge Constitution Bench to hear the question 'whether right to privacy is a fundamental right under Constitution of India'.
The Bench comprising Chief Justice JS Khehar, Justice Chelameswar, Justice SA Bobde, Justice RK Agarwal, Justice RF Nariman, Justice AM Sapre, Justice DY Chandrachud, Justice SK Kaul and Justice Abdul Nazeer will hear the matter tomorrow.
A Five Judge Bench specially constituted for hearing the petitions challenging the constitutional validity of Aadhaar Today referred the limited question ‘whether right to privacy is a fundamental right or not’ for the consideration of a Nine Judge Bench.
In the reference order, the bench observed that it seems that it has become essential for the Court to determine whether there is any fundamental right of privacy under the Indian Constitution.
"The determination of this question would essentially entail whether the decision recorded by this Court in M.P. Sharma and Ors. vs. Satish Chandra, District Magistrate, Delhi and Ors. - 1950 SCR 1077 by an eight-Judge Constitution Bench, and also, in Kharak Singh 2 vs. The State of U.P. and Ors. - 1962 (1) SCR 332 by a six-Judge Constitution Bench, that there is no such fundamental right, is the correct expression of the constitutional position.
Before dealing with the matter any further, we are of the view that the issue noticed hereinabove deserves to be placed before the nine-Judge Constitution Bench. List these matters before the Nine-Judge Constitution Bench on 19.07.2017. Liberty is granted to the learned counsel appearing for the rival parties to submit their written briefs in the meantime".