It was in August 2015 that the Supreme Court (SC) referred to a Constitution Bench a batch of petitions challenging the Centre's ambitious scheme to provide Aadhaar card to all citizens and decide whether right to privacy is a fundamental right.
While hearing a petition on linking of permanent Account Number (PAN) card with Aadhar the SC made a decision to form the 9 judge bench headed by Chief Justice of India JS Khehar will start hearing from Wednesday.
The Supreme Court in Tuesday said the constitution bench would revisit its rulings that said the right to privacy was not a fundamental right and then hear petitions against the 12-digit biometric identity number.
The Central government on Monday told the Supreme Court that there was need for a "larger debate" in the Supreme Court on the issue of declaring unconstitutional Article 35A, which provides special rights and privileges to the natives of Jammu and Kashmir.
The bench will sit on Wednesday and is likely to conclude the hearing in a day.
An eight-judge bench in 1954 and six-judge bench in 1962 had both said there is no right to privacy.
The Attorney Genral cited the 1963 case Kharak Singh vs State of UP to reiterate that there is no right to privacy under Article 19 (1)(d) and Article 21 of the Constitution. But the AG countered by saying that the framers of the Constitution consciously chose not to include right to privacy.
Subsequently, smaller benches had held contrary view and, hence this matter needed to be decided by a larger bench, the attorney general had said.
At an earlier hearing, then AG Mukul Rohatgi, while backing the Aadhaar card scheme, had contended that right to privacy was not a fundamental right.
Once the 9-judge Bench decides the issue, the case will be sent back to a 5-judge Bench for determination of validity of Aadhaar.
"Textually it is correct today that there is no right to privacy in the Constitution".