A five-judge Constitution Bench headed by Chief Justice J S Khehar on Tuesday referred the question of violation of privacy by the Aadhaar identity scheme to a nine-judge Bench.
The case will be heard on Wednesday.
The question of privacy has become a contentious issue as several petitioners have alleged the scheme violated the fundamental right to privacy of citizens by gathering personal information, including biometric details.
The government contends that the Constitution does not recognise right to privacy as a fundamental right.
Even judgments of the Supreme Court have not ruled that privacy was a fundamental right. The Bench