Govt must ensure judgement is applied in letter and spirit

In a unanimous verdict delivered today by nine Judges Bench of the Supreme Court, right to privacy has been held to be a fundamental right guaranteed by the Constitution of India. The Judges have said that privacy comes under the right to life and liberty under article 21 of the Constitution.

The Supreme Court has not only overruled the argument advanced by the Government that right to privacy cannot be a fundamental right, it has also overruled its two earlier judgements in the case of M.P. Sharma, delivered in 1954 and Kharak Singh case delivered in 1962 – both of which had ruled that privacy is not a fundamental right.

Today’s judgement, in my opinion, will have no impact on the Aadhar scheme as the issue before the nine judges Bench was only with regard to right to privacy as fundamental right. Now a smaller Bench of the Court will look into the issue relating to Aadhar on the touchstone of principles laid down by the nine judges Bench.

Why is this ruling important?

This ruling is important as it has put at rest the controversy raised on the issue of right to privacy. It has not only cleared air on the stand taken …read more