Right to Privacy not a fundamental right: Centre tells SC

New Delhi, Jul 22

The central government told the Supreme Court on Wednesday that the right to privacy was not a fundamental right under the Constitution.

Central government's agruments came when a Bench headed by Justice J Chelameswar and also composed of Justices SA Bobde and C Nagappan was hearing several petitions challenging the decision of some states to make Aadhaar cards compulsory for a several benefits such as salary, PF disbursements and marriage and property registration.

"Right to privacy is not a fundamental right under our Constitution. It flows from one right to another right. Constitution makers did not intend to make Right to Privacy a fundamental right. There is no fundamental right to privacy so these petitions under Article 32 should be dismissed," Attorney General Mukul Rohatgi argued, adding that the Right to Privacy could be invoked to scrap the Aadhar scheme.

The central government also told the Supreme Court that it had a ‘fool proof’ system to implement the welfare programme.

Rohatgi also suggested that the case should be referred to a Constitution Bench. Rohatgi was countering the contention that the scheme, which requires personal data, violates the citizens' right to privacy.

The central government’s arguments came a day after it told the apex court it was already very late to dispose of the scheme.

"What is the contour and what is the interplay of various rights required to be ascertained," he said. "Right to Privacy is not absolute and is subject to restrictions."

Rohatgi claimed there was currently no consensus on the right, making its legal position unclear. — PTI