Privacy is a fundamental right
In a historic judgment, a nine-judge Constitution bench of the Supreme Court has ruled that privacy will be a fundamental right, an intrinsic part of Article 21 and Part III of the Constitution. The bench, headed by Chief Justice of India J S Khehar, comprises of Justices J Chelameswar, S A Bobde, R K Agrawal, R F Nariman, A M Sapre, D Y Chandrachud, S K Kaul and S Abdul Nazeer delivered the landmark verdict today. The bench had reserved its verdict on the matter on August 2, after a marathon hearing spread over six days.
In a landmark verdict on Thursday, the nine-judge Constitution bench of the Supreme Court unanimously held that right to privacy is a fundamental right guaranteed under Article 21 of the Constitution. “Privacy intrinsic to freedom of life and personal liberty guaranteed under Article 21 of Constitution,” the nine-judge bench observed.
Reading out the judgment, Chief Justice of India Justice Khekar overruled the apex court’s previous judgments in two cases where it had held that right to privacy was not protected by Constitution.
Before pronouncing the judgement, the CJI said that among the nine judges some of them have authored different orders.
Senior counsel Prashant Bhushan, who is a party to the case, told reporters: “The judgment doesn’t say anything about the right of citizens to share biometric details for Aadhaar. The nine-judge held that right to privacy is a fundamental right. Any law which is made to restrict this fundamental right will have to be examined keeping Article 21 in mind. For example, if the government tomorrow says that your Aadhaar card will be required for your travel and income tax filings, that in my view these are unreasonable restrictions… it is a setback to the government as they said right to privacy is not a wholly qualified right.”
With the nine-judge bench ruling against the government stand on privacy, the Aadhaar case will now be referred to a five-judge bench which will hear a clutch of petitions challenging the validity of the Act.
Earlier, during the court hearing, the government counsel said privacy is a “wholly qualified right”, implying that it could be subject to reasonable restrictions. However, the apex court today held that privacy is a limited right.
Comments on this Article | |
Jossey Saldanha, Mumbai | Thu, August-24-2017, 10:23 |
I am glad no one will raid my fridge for storing Agree[0]
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