Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018 hearing the parties, the Bench deemed it appropriate to make the reference to the Constitution Bench. A five Judge Bench was constituted, which after considering the matter, referred the same to a nine Judge Bench to resolve the controversy in an authoritative manner. The nine Judge Bench judgment has given an unanimous answer to the Reference with conclusive, unambiguous and emphatic determination that right to privacy is a part of fundamental rights which can be traced to Articles 14, 19 and 21 of the Constitution of India. 19) We may also record at this stage that in this petition certain interim orders were passed from time to time. We may give the gist of some of the relevant orders: 1 1954 SCR 1077 (a) Order dated September 23, 2013 (two Judge Bench) All the matters require to be heard finally. List all matters for final hearing after the Constitution Bench is over. In the meanwhile, no person should suffer for not getting the Aadhaar card in spite of the fact that some authority had issued a circular making it mandatory and when any person applies to get the Aadhaar card voluntarily, it may be checked whether that person is entitled for it under the law and it should not be given to any illegal immigrant. (b) Order dated November 26, 2013 (two Judge Bench) After hearing the matter at length, we are of the view that all the States and Union Territories have to be impleaded as respondents to give effective directions. In view thereof, notice be issued to all the States and Union Territories through standing counsel. xx xx xx Interim order to continue, in the meantime. (c) Order dated March 16, 2015 (three Judge Bench) In the meanwhile, it is brought to our notice that in certain quarters, Aadhaar identification is being insisted upon by the various authorities, we do not propose to go into the specific instances. Since Union of India is represented by learned Solicitor General and all the States are represented through their respective counsel, we expect that both the Union of India and States and all their functionaries should adhere to the order passed by this Court on 23rd September, 2013. (d) Order dated August 11, 2015 (three Judge Bench) Having considered the matter, we are of the view that the balance of interest would be best served, till the matter is finally decided by a larger Bench, if the Union of India or the UIDAI proceed in the following manner: 1. The Union of India shall give wide publicity in the electronic and print media including radio and television networks that it is not mandatory for a citizen to obtain an Aadhaar card. 2. The production of an Aadhaar card will not be condition for obtaining any benefits otherwise due to a citizen. Indian Kanoon - http://indiankanoon.org/doc/127517806/ 9