Right to Privacy: 9 judge SC bench to decide if it is a fundamental right

5 judge bench hearing the Aadhaar case refers this limited point to a larger bench

The Supreme Court on Tuesday referred to a nine-judge constitution bench the question whether right to privacy is a fundamental right on which hinges the challenge to the validity of the Aadhaar scheme.

The Bench observed that it is essential to decide ‘whether right to privacy is a fundamental right or not’ before adjudicating on the petitions challenging Aadhaar.

Justice Khehar said the bench will decide "whether there is no right of privacy in the Indian Constitution".

The apex court said that the nine-judge bench will also examine the correctness of the position taken by a eight-judge bench in 1954,