ruled states, including Karnataka
and West Bengal, on Thursday, moved the Supreme Court
seeking to intervene in the ongoing hearing on the issue of whether the Right to Privacy
can be declared as one of the Fundamental Rights under the Constitution.
Senior advocate Kapil Sibal, representing the four states, initiated his arguments before a nine-judge Constitution bench headed by Chief Justice J S Khehar and said that in the light of technological advancement, the court
is needed to take a fresh look on the Right to Privacy
and its contours in the modern day.
"Privacy cannot be an absolute right. But it is a Fundamental Right. This court
needs to strike a balance," he submitted before the bench also comprising 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.
The hearing is in progress.
The apex court
had on July 18 set up the Constitution bench after the matter was referred to a larger bench by a five-judge bench.
The petitioners had claimed that collection and sharing of biometric information, as required under the Aadhaar scheme, was a breach of the "fundamental" right to privacy.
The Centre had on July 19 submitted in the apex court
that Right to Privacy
cannot fall in the bracket of fundamental rights as there are binding decisions of larger benches that it is only a common law
right evolved through judicial pronouncements.