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Justice Chelameswar: “Set up constitution bench at the earliest to hear Aadhaar matter”

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9 years ago

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Justice Chelameswar: "Set up constitution bench at the earliest to hear Aadhaar matter"

[vc_row][vc_column][vc_column_text]The Supreme Court bench of Justice J Chelameswar, and Justices A.M.Khanwilkar and Navin Sinha, on Friday asked the counsel for the petitioner and the Union of India in the Aadhaar case, to mention it before the Chief Justice seeking setting up of the Constitution Bench at the earliest, so as to decide the main matter referred to it in August 2015.

The Supreme Court was hearing applications for interim relief to stay notifications which make Unique Identification Number or Aadhaar mandatory for availing any benefits and entitlements. The applications are by the same petitioners whose challenge against the constitutionality of the Aadhaar Act is pending before a Constitution Bench of the Supreme Court.

The notifications make Aadhaar mandatory for a number of schemes, including for children to get hot cooked meals, several scholarships for disabled students and students in SC. ST, OBC categories, schemes for relief for women rescued from trafficking, bonded labourers, and relief for Bhopal gas leak victims. The notifications make possession of an Aadhaar number, or proof of enrolment in Aadhaar database, mandatory.

Petitioners have prayed that imposing enrolment in Aadhaar as a pre-condition for availing social benefits violates the fundamental rights of citizens. It is causing denial of benefits to persons who are otherwise legally entitled to the benefits, at enrolment stages, as well as when they face biometric rejection, data errors, network errors, and other problems.

The hearing began with the senior counsel for the petitioners Shyam Divan taking the Bench through the earlier orders of the Supreme Court including those of 11th August 2015 and the 15th Oct 2015 which clearly stated that Aadhaar shall be purely voluntary. Divan emphasised that the case deals with a vital constitutional question as allowing Aadhaar project to go ahead unchecked in the manner, seeking linking aadhaar to almost every transaction and aspect in life, is effectively reducing the citizen into a 12-digit number and transforming the country into a concentration camp for the citizens.

The Court was of the view that given that the entire matter was before a Constitution Bench (it is now 696 days since a Constitution Bench was asked to be formed to finally decide on Aadhaar matter), and that the litigation on Aadhaar has been lingering on for years, the correct course would be for both the parties i.e. the petitioners and the government to jointly mention before and impress upon the Chief Justice to constitute a Constitutional Bench to finally dispose of the entire batch of petitions. Attorney-General KK Venugopal who was present in Court agreed to join Divan for a mentioning before the CJI early next week for that purpose.

The Bench also indicated that in the eventuality of CJI not being able to form a Constitution bench, petitioners may come back to the court and argue for interim relief.

These applications were earlier heard on 9th May and then on 27th June by a vacation bench consisting of Justice Khanwilkar and Justice Navin Sinha. July 7 hearing was before a special three judge bench headed by Justice Chelameswar sitting with Justice Khanwilkar and Justice Sinha. Justice Chelameswar also headed the bench that passed the order dated 11th August 2015 that referred the batch of petitions challenging Aadhaar project to a Constitution Bench as it felt it required a definitive pronouncement on, among other issues, the issue of the existence and scope of a fundamental right to privacy under the Constitution of India.

The Friday’s hearing marks the first time that the government has agreed to mention before the CJI to constitute a larger bench to finally hear the constitutional challenge to the project and the Aadhaar Act. In October 2015, government had mentioned before the then CJI Dattu to get the Constitution Bench only to hear and decide their applications for modifying the 11th August order.[/vc_column_text][/vc_column][/vc_row]

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Himanta Biswa Sarma attacks Congress after Assam win, says people made Pawan Khera eat Pera

Himanta Biswa Sarma targets Congress after BJP’s Assam win, saying voters made Pawan Khera eat pera.

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3 hours ago

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May 5, 2026

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himanta

Assam Chief Minister Himanta Biswa Sarma launched a sharp attack on the Congress after the Bharatiya Janata Party (BJP)-led alliance secured a decisive victory in the 2026 Assam Assembly elections.

Reacting to the results, Sarma took a swipe at Congress leader Pawan Khera, saying that the people of Assam had made him “eat pera,” a remark aimed at highlighting the party’s defeat in the state.

The BJP-led National Democratic Alliance (NDA) registered a commanding win, marking its third consecutive term in Assam. The BJP itself won a significant number of seats, while its allies — the Asom Gana Parishad (AGP) and Bodoland People’s Front (BPF) — also contributed to the alliance’s strong tally.

The victory underlines the BJP’s continued dominance in the northeastern state, with Sarma emerging as the central figure in the party’s campaign and governance narrative.

Political observers note that the scale of the mandate reflects voter support for the party’s leadership and its governance approach, even as the opposition struggled to mount an effective challenge.

With this result, the BJP has further strengthened its position in Assam’s political landscape, while the Congress faces renewed questions over its performance in the state.

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Yogi Adityanath warns of strict action against forcible land occupation

Yogi Adityanath has warned of strict action against those forcibly occupying land, directing officials to ensure quick resolution of complaints.

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4 hours ago

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May 5, 2026

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Yogi Adityanath has reiterated that strict action will be taken against anyone found forcibly occupying others’ land, underlining his government’s firm stance against illegal encroachment.

According to media reports, the Chief Minister issued the directive while addressing grievances, making it clear that such cases will not be tolerated and will be dealt with through strong legal measures. He instructed officials to ensure that victims receive timely relief and justice.

Adityanath emphasised that protecting citizens’ property rights remains a priority for the state government. He directed administrative and police authorities to act promptly in cases of land grabbing and ensure that illegal कब्ज़ा is removed without delay.

The Chief Minister has consistently maintained a tough position on land-related disputes. In recent interactions with the public, he has stressed the need for swift resolution of complaints and warned officials against negligence in handling such matters.

He also highlighted that strict legal action should be taken against those involved in unlawful occupation, ensuring accountability and deterrence against repeat offences.

The move is seen as part of the government’s broader push to strengthen law and order and curb the activities of land mafias in the state.

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Suvendu Adhikari after Bengal win, says Akhilesh Yadav is next

Suvendu Adhikari says Akhilesh Yadav is next after BJP’s Bengal win, shifts focus to Uttar Pradesh elections 2027.

Published

5 hours ago

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May 5, 2026

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Suvendu-Adhikari

Following the Bharatiya Janata Party’s sweeping victory in the West Bengal Assembly elections 2026, senior leader Suvendu Adhikari made a strong political statement, indicating that the party’s next focus will be the Uttar Pradesh Assembly elections in 2027.

Riding on the momentum of the party’s performance in Bengal, Adhikari said that several opposition leaders have already lost political ground and added that Samajwadi Party chief Akhilesh Yadav would be “next” in line.

The BJP leader, who secured key victories in constituencies such as Bhabanipur and Nandigram, also claimed that the defeat of the ruling Trinamool Congress marked the beginning of a political decline for Chief Minister Mamata Banerjee. He asserted that her “political exile has started,” referring to her electoral losses in recent contests.

Adhikari further criticised the Trinamool Congress, comparing it with other opposition parties and alleging that it lacked ideology and was driven by family-based politics. He also suggested that several leaders and workers from the TMC could shift allegiance to the BJP in the coming period.

The BJP’s strong showing in West Bengal marks a major political shift in the state, where the party has managed to significantly expand its footprint. Political observers say the latest remarks underline the party’s intent to carry its electoral momentum into upcoming state elections, particularly in Uttar Pradesh, which is expected to be a key battleground in 2027.

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