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Right to privacy: SC ruling against govt stance, says Prashant Bhushan

The petitions challenging Aadhaar will now be referred to a separate five-judge bench

IANS  |  New Delhi 

Prashant Bhushan
Prashant Bhushan

The Supreme Court's ruling on Thursday that the is a fundamental right is a "set back" for the government, noted lawyer said.

"This is a setback for the government" because it goes against its stance on privacy, Bhushan who is party to the case told reporters.

In a landmark judgment, a nine-judge constitution bench unanimously held that is a fundamental right guaranteed under Article 21 of the Constitution.

The verdict will have bearing on the government's scheme that makes compulsory linking of the unique biometric identity with bank accounts, income tax returns and for availing government benefits.

Asked if the ruling will have implications on Aadhaar, Bhushan said: "This judgement does not say anything about that."

He said it appeared that any law which restricts fundamental right will have to be examined on the touchstone of Article 21.

"If the government asks for for booking railway tickets or if you buy something then such a law would be considered as unreasonable restriction on I feel it will be struck down," Bhushan said.

The petitions challenging will now be referred to a separate five-judge bench.


First Published: Thu, August 24 2017. 12:28 IST