Tanvi Sinha
The Supreme Court of India is all set to once again hear the matter of the Aadhar Card and its constitutionality in a review petition filed against the 2018 judgement that declared its validity in a 4:1 judgement.
The five-judge bench comprises Justices AM Khanwilkar, DY Chandrachud, Ashok Bhushan, S Abdul Nazeer and BR Gavai.
Anyone familiar with the 2018 judgement will be able to identify the three judges who are once again due to sit on this matter – J. DY Chandrachud, AM Khanwilkar and Ashok Bhushan.
In the previous judgement 4:1, Justice AK Sikri had announced the validity of the subject on behalf of then CJI Dipak Mishra and Justice AM Khanwilkar. Justice Ashok Bhushan had then given his concurring opinion and Justice DY Chandrachud had delivered a sharp note of dissent from the majority opinion.
The review petition (filed in the very weeks following the 2018 judgement) was filed under Article 137 of the Constitution based on the same premise that formed the dissenting opinion of Justice DY Chandrachud in the case- the validity of the Aadhar as a money bill (as it was introduced in the Parliament as).
The review petition was filed by seven persons. The essence of one of the petitions, filed by Advocate Vipin Nair, on behalf of one of the petitioners, focused on the validity of Aadhar as a money bill and the contention that it was introduced as one solely to avoid Rajya Sabha scrutiny, the material evidence that suggests mass surveillance and of the necessity of Aadhar for a welfare state.
