The Supreme Court Will Decide Whether Privacy Is A Fundamental Right

The Supreme Court will decide whether privacy is a fundamental right

While hearing the challenge to the Aadhaar Act, the Supreme Court decided that it must first consider the question of whether the right to privacy is a fundamental right guaranteed by the Constitution.
The judges noted that two earlier judgements of the court — M P Sharma’s case in 1954 and Kharak Singh’s case in 1962 — had held that privacy was not a fundamental right.
“It is essential for us to determine whether there is a fundamental right to privacy in the Indian Constitution. Determination of the question would essentially entail whether the decisions in M P Sharma by an eight-judge Bench and Kharak Singh by a six-judge Bench that there is no such fundamental right is the correct expression of constitutional provisions,” the court recorded in its order.

Two earlier judgements of the court — M P Sharma’s case in 1954 and Kharak Singh’s case in 1962 — had held that privacy was not a fundamental right.
Articles 19(1)(f) — right to acquire, hold and dispose of property — and 20(3) — protection against self incrimination.
Fundamental rights under Articles 19(1)(d) — right to freedom of movement — and 21 — protection of life and personal liberty.

Source:Indian Express