---
title: "Right To Privacy Not Absolute In A Developing Economy Like India Government"
description: "The 9-Judge constitution bench resumed hearings to settle the question on whether there exists a fundamental right to privacy in India. This bench in the words of Justice Nariman “..will decide the is..."
pubDate: 2017-07-26
author: Rethink Aadhaar
category: Uncategorized
originalUrl: https://rethinkaadhaar.in/blog/right-to-privacy-not-absolute-in-a-developing-economy-like-india-government
---

The 9-Judge constitution bench resumed hearings to settle the question on whether there exists a fundamental right to privacy in India. This 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, several states decided to join the issue on the side of the petitioners and argued that there does exist a fundamental right to privacy in India.
**Background**
First, a recap. Last week, a large number of lawyers with an illustrious record argued for privacy as a fundamental right. This included Soli Sorabjee, Anand Grover, Arvind Datar, Meenakshi Arora, S Poovayya. Senior advocate Shyam Divan who argued in the PAN-Aadhaar case that Aadhaar was like an “electronic leash” on the people also appeared for the petitioners.
The government’s contention – riding on the back of the Kharak Singh judgement - which had raised the question on privacy as a fundamental right in the first place did not seem to convince the bench. There have been 40 judgements since then reiterating the right to privacy.
In fact, the government has itself, in its earlier submissions in the Aadhaar matter, not contested privacy as a fundamental right. In fact, Finance Minister Mr. Jaitley has said so on the floor of the House. Further, in the Whatsapp case, the government has this week argued for the right to privacy!