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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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Pralhad Joshi appointed Education Minister after Dharmendra Pradhan’s resignation

Pralhad Joshi has been entrusted with the additional charge of the Education Ministry after President Droupadi Murmu accepted Dharmendra Pradhan’s resignation amid the prolonged student protests over alleged examination paper leaks.

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7 mins ago

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July 25, 2026

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Union Minister Pralhad Joshi has been given the additional charge of the Ministry of Education after President Droupadi Murmu accepted the resignation of Dharmendra Pradhan.

The President’s office confirmed the appointment through an official communique issued on Saturday evening. Joshi will continue to hold his existing portfolio as Union Minister of Food and Consumer Affairs while also overseeing the Education Ministry.

Dharmendra Pradhan resigns amid prolonged protests

Dharmendra Pradhan submitted his resignation on the 35th day of the student protests at Delhi’s Jantar Mantar over alleged examination paper leaks.

In his resignation letter, the 57-year-old leader said he chose to step down to prevent anti-national forces from exploiting the situation.

“For over four decades, I have dedicated myself to the cause of students, teachers, and educational reform. I have always believed that a robust, inclusive, and visionary education system forms the cornerstone of a strong nation,” Pradhan said.

CJP ends protest after Centre’s assurance

Hours after Pradhan’s resignation, CJP spokespersons Saurav Das and Ashutosh Ranka, during a joint press conference with Union ministers JP Nadda and Jitendra Singh, announced that the organisation was ending its protest in good faith after receiving assurances from the Centre that its demands would be addressed.

The resignation of Dharmendra Pradhan had been the principal demand of the organisation founded by Abhijeet Dipke, a Boston University graduate who returned to India to lead the campaign against alleged examination paper leaks.

Joshi reiterates government’s stand on students

A day before taking charge of the Education Ministry, Pralhad Joshi said the Centre remained committed to protecting students’ interests and ensuring strict action against irregularities affecting examinations.

He also alleged that anti-social elements were attempting to exploit the CJP-led protests and urged students to remain vigilant while continuing peaceful demonstrations.

“The Modi government has always stood with students and the youth. It remains committed to taking strict action against any irregularities or injustices that affect their future,” Joshi had said.

He added that while students have every right to protest peacefully, they should ensure that their genuine concerns are not misused by anti-social elements.

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Dharmendra Pradhan submits resignation to PM Modi amid student protests

Education Minister Dharmendra Pradhan has submitted his resignation to Prime Minister Narendra Modi, hours before the third round of talks between the Centre and the Cockroach Janta Party.

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7 hours ago

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July 25, 2026

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Dharmendra Pradhan

Education Minister Dharmendra Pradhan on Saturday submitted his resignation to Prime Minister Narendra Modi, marking a major development amid the ongoing student protests at Delhi’s Jantar Mantar.

Pradhan announced the decision through a post on X, just hours before the Centre was scheduled to hold the third round of talks with the Cockroach Janta Party (CJP), which has been leading the agitation over alleged irregularities in competitive examinations.

The resignation of the Education Minister had remained the primary demand of the protesters, who have been camping at Jantar Mantar for more than a month seeking accountability and reforms in the examination system.

The latest development comes at a crucial time as both sides prepare for another round of discussions aimed at resolving the prolonged standoff.

As of now, there has been no official announcement from the Prime Minister’s Office on whether Pradhan’s resignation has been accepted. Further details are awaited.

Resignation comes before key Centre-CJP meeting

The announcement was made only hours before representatives of the Centre and the Cockroach Janta Party were expected to meet for the third round of negotiations.

The talks are being closely watched as the government attempts to end the month-long protest, with the resignation of Dharmendra Pradhan remaining one of the protesters’ central demands.

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CJP says Dharmendra Pradhan’s resignation non-negotiable ahead of third round of talks

CJP has hardened its stand before the third round of talks with the Centre, insisting that Education Minister Dharmendra Pradhan’s resignation remains its primary and non-negotiable demand.

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11 hours ago

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July 25, 2026

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The Cockroach Janta Party (CJP) has reiterated that the resignation of Union Education Minister Dharmendra Pradhan remains its top demand, just hours before the third round of discussions with the Centre on Saturday.

CJP spokesperson Ashutosh Ranka said the organisation would see little purpose in continuing negotiations if the government was unwilling to remove the minister.

In a post on X, Ranka said Dharmendra Pradhan’s resignation was “non-negotiable” and added that there was no point in holding further discussions if the government rejected the demand.

The third round of talks is scheduled for Saturday afternoon after Union Ministers JP Nadda and Jitendra Singh met CJP representatives for nearly two hours during the second round of discussions on Friday.

According to the CJP, it has placed three key demands before the Centre:

  • Resignation of Education Minister Dharmendra Pradhan.
  • A guarantee that no legal action will be taken against protesting students.
  • Compensation of Rs 1 crore for the families of students who allegedly died by suicide following the NEET paper leak.

During Friday’s meeting, the Centre agreed in principle to two of the demands — ensuring no legal action against protesting students and providing compensation. However, the demand for the Education Minister’s resignation remains unresolved.

Speaking after the meeting, JP Nadda said the protesters had also submitted five suggestions for reforms to the examination system. He said the government would hold internal discussions before responding during Saturday’s meeting.

Government sources, however, indicated that Dharmendra Pradhan’s resignation is not under consideration. According to the sources, the government believes resignation is not the appropriate course of action and continues to back the minister.

Meanwhile, the Centre has announced several measures aimed at tackling examination paper leaks. Prime Minister Narendra Modi has announced the establishment of fast-track courts to hear paper leak cases, while the government is preparing amendments to strengthen the law with stricter punishments and higher fines.

The Centre has also replaced the Education Secretary and removed 47 officials of the National Testing Agency (NTA), while promising broader reforms within the examination body.

Responding to the action against NTA officials, Ashutosh Ranka said the move alone was insufficient. He maintained that accountability ultimately rests with the Education Minister and reiterated that Dharmendra Pradhan must resign.

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