New Delhi
Supreme Court will continue to hear the arguments from various petitioners and respondents, in connection with whether the individual privacy is one fundamental right or not.
A nine-judge Constitution bench, headed by Chief Justice (CJI) Jagdish Singh Khehar said, ‘We would continue hearing the arguments tomorrow in the privacy issue. The other eight judges in the apex court’s nine-judge Constitution bench, who were hearing the arguments in the Aadhaar privacy issue from various parties, Justices Rohinton Fali Nariman, Sanjay Kishan Kaul, Abhay Manohar Sapre, DY Chandrachud, S Abdul Nazeer, SA Bobde, RK Agrawal and J Chelameshwar.
Senior advocate Gopal Subramanium, the lawyer appearing for one of the petitioners, told Apex Court that the issue of one’s privacy was a simple one and basic freedoms were under Article 19. “The issue is simple. Whether the Judgement of MP Sharma and Kharak Singh still stand as good law at present context or not. Is there a fundamental right to privacy under the Indian Constitution?
The view that existed earlier was a opinion that different fundamental rights were individual and distinct (AK Gopalan’s case), and that Article 21 was a residuary right. The basic freedoms were under Article 19,” Mr Subramanian told the Constitution bench. Mr Subramanium further argued that privacy is embedded in all processes of Human life and liberty. The Preamble uses two expressions. Liberty and dignity.
These two words are intended to convey an inherent right recognised by the Constitution. Privacy is embedded in both. Hearing the arguments from Mr Subramaniun, Justice Nariman, who is among the nine-judge Constitution bench, asked, was the contours of constitutional right to privacy bigger than the common law right of privacy? To which, Mr Subramanium replied, yes, actions that have an impact on liberty can also have an impact on privacy. He argued that Privacy is the essence of liberty. All human choices are an exercise of liberty. And they all presuppose privacy. Not only a fundamental right. But an inalienable one.