Right to privacy not a fundamental right: Centre to SC

The Centre today submitted in the Supreme 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.
It said it is only the unauthorised intrusions into one's privacy which is protected under Article 21 of the Constitution.
The Centre's written submissions, which are likely to be examined by a nine-judge Constitution bench headed by Chief Justice J S Khehar, relied on the findings in the 1954 judgement of eight-judge bench in the M P Sharma case which did not recognise right to privacy as a fundamental right and subsequently in 1963, a six-judge bench verdict in the Kharak Singh case reiterated the settled position.

However, later the smaller benches of three judges in three cases held a view contrary to that of the larger benches.
The bench is examining whether right to privacy is a fundamental right under the Constitution.
The Centre, which is buttressing its stand on the basis of the findings of the two larger benches, said, "On a combined reading of the two judgments, it is clear that they hold that there is no fundamental right to privacy in the Constitution.

"It is only unauthorised intrusions (without law) into one's home that is protected under Article 21 of the Constitution as a component of ordered liberty. Thus, in view of the aforementioned judgments, no Article 32 petition lies in this court on the ground of violation of privacy," it said.

The Centre maintained it may be noted that there continues to be a common law right to privacy, but "the existence of such a common law right will not, in any manner, dilute the position regarding the non-maintainability of a writ petition on the issue of fundamental rights before this court on the ground of the (alleged) violation of privacy".
The government, in its written submission, said the petitions challenging the validity of the Aadhaar scheme on the ground that it invaded and violated right to privacy could not be entertained as a right to privacy recognised as a general right under Article 21.

It said that in view of binding decisions of the larger benches, the petitions under Article 32 do no lie and are liable to be dismissed.
In the same note, the Centre said that among the noteworthy facts of the Aadhaar scheme is that around 115 crore citizens have enrolled with which covers 99 per cent of adult population.
It said the uniqueness of Aadhaar helps in elimination of duplicates and fakes from any beneficiary database, ensuring that the teeming millions of poor people of this country are receiving the subsidies and benefits directly into their bank accounts, which they were hitherto deprived of.

"This has also lead to immense savings through reduction of leakages and wastages and therefore, it sub-serves vital public interest, which ought not to be interfered with on account of the apprehensions raised in these petitions.
"There is also tremendous convenience to the old, infirm and the weaker sections of people who receive benefits like pensions at their door-step on account of Aadhaar-based E-KYC (know your customer)," it said.
The Centre termed as incorrect the petitioners claim that as per the notification, the people will be denied benefits and face hardships if they do not enroll for Aadhaar by June 30, which has now been extended to September 30.

It said though the notification requires people to enroll for Aadhaar by June 30 and now extended to September 30, those who are unable to get themselves enrolled due to lack of facilities, can give their contact details and will be registered later.