After SC verdict on privacy, 5-judge Bench to test Aadhaar validity

In a landmark judgment, the Supreme Court on Thursday upheld the Right to Privacy as "a fundamental right" under Article 21 of the Indian Constitution, in a unanimous decision.

However, the verdict does not comment on whether the government's demand for Aadhaar to be linked to all financial transactions amounts to an infringement of privacy.

"The court has not said anything about whether Aadhaar is invalid or not," lawyer Prashant Bhushan was quoted as saying by television channels. "Right to privacy being a fundamental right means a lot for Aadhaar. It will now be seen whether the restrictions imposed by Aadhaar are reasonable restrictions or not," he added.

With the nine-judge Bench ruling against the government stand on privacy,  Aadhaar case will be referred to a five-judge Bench. The Bench will hear several petitions challenging the validity of the Act.

The Congress party, which had launched Aadhaar when it was in power, welcomed the verdict. “Path-breaking and seminal judgment. A great victory for liberty and freedom... Supreme Court rejects Modi government’s attempt to whittle down the right to privacy,” party’s chief spokesperson Randeep Singh Surjewala tweeted.

Earlier, the Supreme Court had on August 2 reserved its judgment over the issue of whether right to privacy is fundamental or not.