Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2015 (8) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (8) TMI 526 - SC - Indian LawsConstitutional Validity of use of Aadhaar card – Right to Privacy – Respondent while relying upon decision of Supreme court in M.P. Sharma & Others v. Satish Chandra & Others [1954 (3) TMI 1 - SUPREME COURT OF INDIA] and Kharak Singh v. State of U.P. & Others [1962 (12) TMI 67 - SUPREME COURT OF INDIA] contended that legal position regarding existence of fundamental right to privacy is doubtful – Therefore such matters were required to be heard and decided by larger bench of at least five Judges as these matters throw up for debate important questions, in view of mandate contained under Article 145(3) of Constitution – Whether there is any “right to privacy” guaranteed under our Constitution – Held that:- Current court is of opinion that institutional integrity and judicial discipline require that pronouncement made by larger Benches cannot be ignored by smaller Benches without appropriately explaining reasons for not following pronouncements made by such larger Benches – Therefore, to give quietus to kind of controversy raised once for all, it is better that ratio decidendi of M.P. Sharma case and Kharak Singh was scrutinized and jurisprudential correctness of decisions where right to privacy was either asserted or referred be examined and authoritatively decided by Bench of appropriate strength - Matters referred before court of Chief Justice of India for appropriate orders. Till matter is finally decided by larger Bench, UOI directed to give wide publicity in electronic and print media that it was not mandatory for citizen to obtain Aadhaar card – Information obtained by UID Authority shall not be used for any other purpose, except for purpose of criminal investigation.
|