Courts can’t introduce right to privacy as fundamental right, only parliament can: Maha govt tells SC

The courts cannot introduce right to privacy as a fundamental right under the Constitution and this can only be done by Parliament, the Maharashtra government told the Supreme Court today.

A nine-judge Constitution bench headed by Chief Justice J S Khehar is hearing a plea to decide whether right to privacy is a fundamental right or not.

“This is not the case of interpretation of the Constitution or the law. This is the case of introduction of a right as a fundamental right. This can be done only by Parliament,” senior advocate CA Sundaram, appearing for the Maharashtra government, told the judges.

The bench also comprises justices J Chelameswar, S A Bobde, R K Agrawal, Rohinton Fali Nariman, Abhay Manohar Sapre, D Y Chandrachud, Sanjay Kishan Kaul and S Abdul Nazeer.

Sundaram said that the term privacy is not a definite term and it cannot be conferred a separate status of a fundamental right under the Constitution.

Besides the government of Maharashtra, Madhya Pradesh has also opposed the contentions of the lawyers who are seeking right to privacy be included as a fundamental right.

Additional Solicitor General Tushar Mehta, representing the Madhya Pradesh government, referred to various legislations including the Income Tax Act, the Right to …read more