Right to Privacy: What Supreme Court judges said in separate judgements
25 August, 2017, 01:38 | Author: Chad Mckenzie
Thursday's landmark decision could also test the validity of "intrusive" Aadhaar; a separate three-judge bench will hear the case.
The right to privacy "is protected as an intrinsic part of Article 21 that protects life and liberty", the Supreme Court ruled. 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.
Senior Congress leader P Chidambaram: "The judgement delivered today is a landmark verdict and will rank among the most important judgements delivered by the Supreme Court since the advent of Constitution".
The SC bench consisted of Chief Justice JS Khehar, justices J Chelameswar, SA Bobde, RK Agrawal, RF Nariman, AM Sapre, DY Chandrachud, Sanjay K Kaul and Abdul Nazeer. He said, "Even a fundamental Right to Privacy has limitations, that need to be identified on case-to-case basis".
A nine-judge constitution bench of the Supreme Court today unanimously pronounced the verdict in the petitions challenging the government's moves to make Aadhaar mandatory for all dealings.
"It was an argument put forth in the court but the total thrust of the stand of the AG and Finance Minister Arun Jaitley during Aadhaar debate in Parliament has been upheld by the Supreme Court", he said.
Addressing a press conference, Union Law Minister Ravi Shankar Prasad said, "The government welcomes this judgement". It can now be argued that punishing consenting adults for indulging in a homosexual relationship can be considered as violating their Right to Privacy.
On Aadhaar, the government would now have to defend itself in the supreme court where it has submitted that it is essential to collect biometric details of the citizens.
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.
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The former attorney general said the judgment was very progressive and it protected people's fundamental rights. At a normative level, privacy sub-serves those eternal values upon which the guarantees of life, liberty and freedom are founded. However, deciding on the matter meant that each judge had to also state what the court understood to be the right to privacy. Petitioners say that enforcing the use of Aadhaar is an infringement of privacy.
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