“It is not mandatory for a citizen to obtain an Aadhar card”, stated the Supreme Court on the 11th of August, 2015. The court was considering whether the Constitution guarantees a right to privacy and whether the Aadhar card scheme infringes such right. While the state argued that the legal position regarding the existence of the fundamental right to privacy is “doubtful”, the petitioners submitted that “it is too late in the day for the Union of India to argue that the constitution of India does not recognize privacy as an aspect of the liberty under Article 21 of the constitution of India.” The three judge bench referred this “apparent unresolved contradiction” to a five judge bench which remains unresolved till date.
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