Right to Privacy A Fundamental Right

Supreme Court

Supreme Court

Writing the judgment for himself and three other Judges on the Bench - CJI JS Khehar, Justices RK Agrawal and S Abdul Nazeer - he said that constitutional interpretation by courts has been to achieve justice, liberty, and dignity to each citizen.

Then he said: "Decision in MP Sharma stands overruled". The verdict was announced in Courtroom No.1, the court of Chief Justice of India Khehar. The five-judge constitution bench on July 18 made a decision to refer the matter to the nine-judge bench. Talking to reporters here, Mr Chidambaram said,"the Aadhaar we conceived was perfectly compatible with the Right To Privacy". Right to privacy is an integral part of Articles 14 and 19. A Supreme Court judgement making right to privacy a fundamental right is both critical and revolutionary in the line.

Calling the verdict a victory for every Indian and a major blow to fascist forces, Congress vice president Rahul Gandhi took pot shots at the BJP and said that the Right to Privacy verdict is a "sound rejection" of saffron party's ideology of suppression through surveillance.

But, fundamental rights are contained in the Constitution so that there would be rights that the citizens of this country may enjoy despite the governments elected by them.

"Privacy is fundamental. It certainly has an impact on day-to-day life".

Critics of Aadhaar had raised fears the data could be misused by the government. "This judgement will pave the way for securing our rights." tweets Sitaram Yechury. One was the ADM Jabalpur case where by a 4:1 majority, the SC ruled that fundamental rights will remain suspended during Emergency and citizens can not have recourse to courts.

"Privacy, even if assumed to be a fundamental right, consists of a large number of sub-species..."

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Constitutional law scholars had said the case would be a test of Indian democracy, with potentially far-reaching consequences if individuals were allowed to challenge laws on the basis of individual rights.

"Right to privacy can't be one homogenous right".

National security, public interest and other fundamental rights provisios would be a restriction to this right.

"Any fundamental right is subject to reasonable restrictions by law".

Prasad further said that the essence of Supreme Court judgement is a wider affirmation of the observation made by Finance Minister Arun Jaitley in Rajya Sabha.

The Supreme Court last month heard arguments to determine whether individual privacy is a fundamental right protected by the constitution.

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