New Delhi: The Right to privacy is part of the fundamental rights of a citizen , Supreme Court will shortly decide about the matter, in what is set to be a landmark result that will define the width of privacy citizens can enjoy as well as the right of the state to restrict it, At present, neither the Constitution nor any law recognizes privacy as a fundamental right, It has become necessary for us to determine whether there is any right which deals with privacy under the Indian Constitution,” a five judge bench of Chief Justice said on Tuesday, The bench posted the question for determination before a nine-judge bench, which will include four more judges, The larger bench plans to complete the hearing on Wednesday itself, which raises the vision of the annoyed issue being resolved shortly, maybe as early as next week.
Appearing for the government on Tuesday, legal representative general K Venugopal mention two earlier Supreme Court judgments, one by an eight judge bench and another by a six-judge bench, to argue that as per these judgments, the ‘right to privacy’ was a common law right and not a fundamental right, he said since past SC judgments had given privacy the status of a common law right,
Many judgments in the recent past had held right to privacy as an in differential part of fundamental right to life, it allowed no one to challenge the his/her fundamental right validity of a policy decision of Aadhaar on the ground that it violated, There are 20 petitions pending in the SC challenging the constitutional validity of Aadhaar, alleging that it violated a citizen’s right to privacy by linking his bio-metric data to his activities, The bench also said the two earlier judgments Sharma (1954) and Singh (1962) were deliver by the court while dealing with aspects of surveillance and not while examining the form of the core fundamental right, right to life.