“Pri­vacy right not ab­so­lute in de­vel­op­ing econ­omy like In­dia”

Governance Now - - E-GOV NOTES -

That’s what at­tor­ney gen­eral KK Venu­gopal told the nine­judge con­sti­tu­tional bench of the supreme court hear­ing the right to pri­vacy case. Venu­gopal ar­gued on July 26 that there can be no in­de­pen­dent right called right to pri­vacy, and that pri­vacy is only a so­ci­o­log­i­cal no­tion, not a le­gal con­cept. He said if pri­vacy were de­clared a fun­da­men­tal right, then it can be a qual­i­fied right. He said that only some as­pects of pri­vacy are fun­da­men­tal, not all, and it is a lim­ited fun­da­men­tal right that can be taken away in le­git­i­mate state in­ter­est. The con­sti­tu­tional bench, in the words of jus­tice Na­ri­man, “… will de­cide the is­sue once and for all for con­cep­tual clar­ity for the na­tion”. In an im­por­tant de­vel­op­ment, three non-bjp-ruled states and a UT – Kar­nataka, West Ben­gal, Pun­jab, and Puducherry – de­cided to join the is­sue on the side of the pe­ti­tion­ers and ar­gued that there does ex­ist a fun­da­men­tal right to pri­vacy in In­dia.

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