Aadhaar-linked issues to be decided by constitution bench: SC
By Team Legistify / 2017-07-09

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The Supreme Court today said all the issues arising out of Aadhaar should finally be decided by a larger bench and the Chief Justice of India would take a call on the need for setting up a constitution bench comprising seven or nine judges.

“My opinion is that once a matter has been referred to a constitution bench, then all the issues arising out of it should be with the constitution bench. I can only say that a matter can be disposed of by a nine-judge bench. You two can decide the possibility of nine judges hearing it,” Justice J Chelameswar, who was heading a three-judge bench, told Attorney General K K Venugopal and senior counsel Shyam Divan.

The bench, also comprising Justices A M Khanwilkar and Navin Sinha, said it will depend upon the Chief Justice of India to decide whether the matter can be examined by a bench of seven or nine judges.

The bench asked the Attorney General and Divan, who was appearing for the parties opposing making of Aadhaar mandatory for availing benefits of social welfare schemes, to mention the matter before a bench of Chief Justice J S Khehar to constitute a larger bench.

“We believe that these matters should be heard by a constitution bench. We suggest to both of you to request the Chief Justice to constitute a larger bench so that these matters can be decided finally. If the CJI will say it cannot be done immediately, you can come before us,” the bench said.

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