A Bench comprising justices AM Khanwilkar, Ashok Bhushan, S Abdul Nazeer, BR Gavai and DY Chandrachud in a 4:1 majority dismissed the review petitions against the apex court’s September 26, 2018 judgment.
The Supreme Court has dismissed a batch of petitions seeking review of the Constitution Bench judgment that upheld the constitutional validity of the Aadhaar scheme.
A Bench comprising justices AM Khanwilkar, Ashok Bhushan, S Abdul Nazeer, BR Gavai and DY Chandrachud in a 4:1 majority dismissed the review petitions against the apex court’s September 26, 2018 judgment. “We have perused the review petitions as well as the grounds in support thereof. In our opinion, no case for review of judgment and order dated 26.09.2018 is made out. We hasten to add that change in the law or subsequent decision/judgement of a coordinate or larger bench by itself cannot be regarded as a ground for review.”
However, Justice Chandrachud voiced dissent in the dismissal of the review pleas as well, saying that the review petitions should remain pending until a larger bench decided the questions referred to it in the Rojer Mathew case, where some more clarity on some of the provisions of an enactment passed as a Money Bill had been sought.
Earlier, Justice Chandrachud in his dissenting judgement of September 2018 had held the entire Aadhar Act to be unconstitutional and had also termed the passing of Aadhaar Act as a money bill as a fraud on the Constitution.
While upholding the constitutional validity of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, the five-judge Constitution Bench in a 4:1 majority had ruled that the Aadhaar Act didn’t violate your right to privacy when you agree to share biometric data. While private entities were barred from using Aadhaar card for KYC authentication purposes, Aadhaar was made mandatory for various other purposes including PAN card for filing income tax returns