India News

Government hails SC verdict on Right to Privacy; underscores the point that it is not an absolute right

Published

9 years ago

August 24, 2017

Government hails SC verdict on Right to Privacy; underscores the point that it is not an absolute right

[vc_row][vc_column][vc_column_text]~By Rajesh Sinha

Smarting under the blow from Supreme Court’s verdict declaring Right to Privacy as a Fundamental Right, which it had hotly contested, the Centre’s reaction still focused on the aspect of “no right is absolute”.

Quoting from the judgment, a press release from the Ministry of Law and Justice said: “The Government is of the clear opinion that its legislations are compliant with the tests laid down in the judgement. The Supreme court has stated that “…requires a careful and sensitive balance between individual interests and legitimate concerns of the State. The legitimate aims of the State would include for instance protecting national security, preventing and investigating crime, encouraging innovation and the spread of knowledge, and preventing the dissipation of social welfare benefits.”

The government said it is committed to this object – and there lies the nub. This interpretation leaves the door open to encroachment on the right for questionable goals.

Critics say the Aadhaar ID cards link enough data to create a comprehensive profile of a person’s spending habits, their friends and acquaintances, the property they own and a trove of other information.

Aadhaar was originally meant to be a secure form of digital identification for citizens. But as it was rolled out, concerns arose about privacy, data security and recourse for citizens in the face of data leaks and other issues. Over time, Aadhaar was made mandatory for income tax returns and operating bank accounts. Companies also started pushing to gain access to Aadhaar details of customers. Opponents say that its use for what are effectively essential services means their right to privacy is increasingly being violated.

There were other concerns as well. First, making Aadhar mandatory for delivering services and ‘preventing dissipation of social service benefits’ is an intrusion into privacy for administrative convenience or to cover administrative inefficiency. If the government machinery is inefficient, should it encroach on Fundamental Rights? The court does say “preventing the dissipation of social welfare benefits” is a “legitimate aim of the State” to restrict the right.

Second, it is doubtful if making Aadhaar mandatory would enhance security. There have been instances of terrorists being found with Aadhaar cards. No instances have been reported of an Aadhaar card leading to a terrorist. On the other hand, making Aadhaar mandatory for various services, bank accounts, mobile phones etc makes it possible for any agency to access all kinds of information about an individual it wants to target and harass. Any individual whom an agency wants to target would be vulnerable to harassment. Even a notice seeking explanation is a harassment for the ordinary citizen, even if it does not involve any crime or offence and does not lead to prosecution or penalty.

The government appeared keen to retain its powers in this regard. Union Law Minister Ravi Shankar Prasad read from the judgments of the different judges on the Supreme Court bench to underscore that they acknowledged privacy “is not an absolute right, it must be subject to some reasonable restrictions.”

Contrary to what the government had argued in the court, he said the government’s view is consistent that right to privacy should be fundamental. He said the “essence of today’s judgment” validated what Arun Jaitley, then Law Minister, had told Parliament in 2016. “Much before the creation of the nine-judge bench, the government, while moving the Aadhaar Act had clearly acknowledged that Right to Privacy is fundamental, flowing from Article 21,” the minister said.

Prasad added that it is “unknown in civilised existence that a government was seeking to collect data of its countrymen without the authority of law”.

On the benefits of Aadhaar, Shankar claimed the government has saved Rs 57,000 crore through validation. “Aadhar validates information for 3 crore people every day. The world is marvelling at this technology. It is completely homegrown. Should be proud,” he said.

In its press statement, Union Ministry of Law and Justice said: “The Government welcomes the view of the Supreme Court, which is consistent with all the necessary safeguards that the Government has been ensuring in its legislative proposals which had been approved by Parliament.”

The Modi government statement was more of a political comment as it sought to attack the previous government: “The issue of personal liberty had a chequered history during the previous Congress Governments. Immediately after the Constitution was framed, the Congress Government at the Centre had consistently maintained that personal liberty could be denied to an individual by any legislation irrespective of the reasonableness of that legislation. The Congress Governments had consistently argued that privacy was not a part of any constitutional guarantees. In fact, during the internal emergency when Article 21 was suspended, the Central Government had argued before the Supreme Court that a person could be killed and deprived even his life (let alone liberty) and he would still be remediless.”

“The UPA Government had introduced AADHAR scheme without any legislative support. It was in that context that the question of the UPA’s AADHAR scheme was challenged before the judiciary. The NDA Government ensured that necessary legislation was approved by Parliament. Adequate safeguards were also introduced.”

“… the UPA Government created an AADHAR without any legislative support. The present Government did exactly the opposite. It gave a legislative support to AADHAR and incorporated in law special safeguards with regard to privacy. It has also assured the Supreme Court that it will soon be coming out with a data protection law for which a committee headed by Justice Sri Krishna, a retired judge of the Supreme Court, had already been appointed.”

The government reiterated, “The judgement reads that personal liberty is not an absolute right but liable to the restrictions provided in the Constitution which will be examined on a case to case basis.”[/vc_column_text][/vc_column][/vc_row]

Related Topics:Arun Jaitley Supreme Court

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New UP Congress chief Aradhana Mishra backs stronger alliance with SP

Newly appointed UP Congress chief Aradhana Mishra said the party would strengthen its alliance with the Samajwadi Party ahead of the 2027 Assembly election.

Published

3 hours ago

October 3, 2026

APNLive Desk

Newly appointed Uttar Pradesh Congress president Aradhana Mishra, also known as Mona, has said the party will take its alliance with the Samajwadi Party forward with full strength ahead of the 2027 Uttar Pradesh Assembly election.

Mishra, the daughter of Congress MP Pramod Tiwari, has been given the responsibility of leading the party’s state unit as Congress prepares for the assembly polls due in around six months, according to the report.

Speaking about Samajwadi Party chief Akhilesh Yadav, Mishra described the SP as a strong partner of the Congress in the INDIA bloc.

“The Samajwadi Party is a partner of ours in the INDIA bloc, and a strong one at that,” she said, while praising the way Akhilesh Yadav has strengthened his party.

Aradhana Mishra backs Congress-SP alliance

Mishra referred to the performance of the INDIA bloc in the 2024 Lok Sabha election in Uttar Pradesh while discussing the alliance’s prospects for the next assembly election.

The INDIA bloc won 43 of Uttar Pradesh’s 80 Lok Sabha seats in the 2024 election, according to the report.

Mishra said the alliance had stopped the BJP’s advance in Uttar Pradesh in the 2024 Lok Sabha election and expressed confidence that the partnership would produce results in the 2027 Assembly election.

“We will take this alliance forward with full strength,” she said.

The new state Congress chief will also have to advance seat-sharing discussions with the Samajwadi Party. The report said Congress wants a larger share of seats, while the SP has not indicated a willingness to give ground, arguing that it is in a stronger position in the state.

Congress announces new UP team

The leadership change is part of a wider organisational reshuffle by the Congress in Uttar Pradesh.

Along with appointing Mishra as state Congress president, the party named Rajya Sabha MP Imran Masood as working president. Chaudhary Virendra Singh was appointed Leader of the Congress Legislature Party.

Devinder Nishad and Alok Prasad were also appointed senior vice presidents of the Uttar Pradesh Congress Committee.

The new appointments bring different social groups into prominent positions in the state organisation. Mishra is a Brahmin, Masood is a Muslim and Rajendra Pal Gautam, the Congress’ AICC in-charge of Uttar Pradesh, is a Dalit, the report said.

Mishra, however, said the Congress does not practise caste or religion-based politics.

She said the party wanted to strengthen the country, protect the Constitution and build a strong alternative ahead of the 2027 election.

Mishra’s challenge ahead of 2027 polls

As the new Uttar Pradesh Congress chief, Mishra will be responsible for strengthening the party’s organisation in the state while also taking forward its alliance with the Samajwadi Party.

The Congress and SP are part of the INDIA bloc in Uttar Pradesh. With seat-sharing discussions ahead of the 2027 Assembly election, Mishra’s comments indicate that the Congress intends to continue working with the Samajwadi Party.

The appointment of Mishra comes alongside other organisational changes aimed at preparing the party for the upcoming assembly election.

India News

CJP announces October 10 Delhi protest against Gyanesh Kumar

CJP leader Abhijeet Dipke has announced a protest at Jantar Mantar on October 10, demanding the resignation of Chief Election Commissioner Gyanesh Kumar.

Published

4 hours ago

October 3, 2026

APNLive Desk

Cockroach Janta Party (CJP) leader Abhijeet Dipke has announced a fresh protest at Delhi’s Jantar Mantar on October 10, saying the demonstration will be held if Chief Election Commissioner Gyanesh Kumar does not resign.

Dipke made the announcement after a CJP demonstration at Mumbai’s Shivaji Park. He called on people from across the country to join the proposed Delhi protest, describing it as a peaceful agitation.

Abhijeet Dipke’s October 10 protest call

In a post on X, Dipke said CJP supporters would march to Delhi and hold a protest at Jantar Mantar if Kumar did not step down. He also said that if Delhi Police stopped the protesters, the location where they were stopped would become their protest site.

The CJP leader had earlier warned of a larger agitation while addressing the gathering at Shivaji Park. He said that if the Chief Election Commissioner did not resign, the movement would expand to Delhi.

CJP’s allegations against the Election Commission

During the Mumbai protest, Dipke alleged irregularities in electoral rolls and questioned decisions concerning the election process. He claimed that 13 crore voters had been deleted over two years and alleged that voter deletions had affected electoral outcomes in several states.

These claims were made by Dipke while addressing the protesters and were not presented in the report as independently established facts.

He also alleged that voters were deleted from constituencies in Delhi, Tamil Nadu and West Bengal and linked these alleged deletions to election results.

The CJP leader further criticised the proposed simultaneous elections framework, alleging that the ruling BJP’s objective was “One Nation, One Election, One Party”.

CJP demands Gyanesh Kumar’s resignation

CJP leaders have been demanding the resignation of Chief Election Commissioner Gyanesh Kumar and have also called for criminal proceedings against him.

The group has criticised the Election Commission over the Special Intensive Revision of electoral rolls and has demanded changes to the law governing the appointment of Election Commissioners.

The Election Commission, however, has said that decisions of the three-member poll body, including those concerning the SIR exercise, were taken unanimously.

Protest at Mumbai’s Shivaji Park

The October 10 Delhi announcement followed a CJP demonstration at Mumbai’s Shivaji Park. The protest was held despite police denying permission for the event, according to the report.

Several groups and individuals participated in the demonstration. The Shiv Sena (UBT) had also extended support to the CJP’s agitation.

Dipke said the CJP would continue its campaign and called for the proposed October 10 demonstration in Delhi under the slogan “Chalo Delhi”.

India News

MK Stalin attacks Vijay government over hindi signboard in Tamil Nadu

MK Stalin criticised the Tamil Nadu government over Hindi lettering on a State Highway signboard and warned the Vijay-led administration against interfering with the state’s two-language policy.

Published

16 hours ago

October 2, 2026

APNLive Desk

The use of Hindi on a highway signboard in Tamil Nadu has triggered a political row, with DMK chief MK Stalin criticising the Vijay-led Tamilaga Vettri Kazhagam (TVK) government over the issue.

The controversy centres on a State Highway signboard that displayed place names in Tamil, English and Hindi. The board was installed on the Alwarthirunagari-Valliyoor State Highway 93 route through Sathankulam in Thoothukudi district.

Stalin objected to the inclusion of Hindi, saying Tamil Nadu has long opposed what he described as attempts to impose Hindi and warning the state government against altering its established two-language policy.

He questioned whether the use of Hindi on the signboard represented the kind of change promised by the TVK government. Stalin also urged the administration not to interfere with Tamil Nadu’s language policy.

Hindi removed from signboard

Following the controversy, the Hindi lettering was removed from the signboard. The state government also suspended two officials from the Highways Department over the matter and initiated departmental action against them.

According to officials, the Assistant Divisional Engineer and Assistant Engineer associated with the project had failed to inform higher authorities about the inclusion of Hindi on the board.

The Tamil Nadu government has said that the use of Hindi on the State Highways Department signboard was against the state’s two-language policy and warned that strict action would be taken against officials violating the policy.

Stalin targets Vijay government

Stalin also stepped up his criticism of the TVK administration, describing it as a “Reels government” and alleging that it was responding to social media trends involving influencers from northern states.

His comments came amid a wider political debate in Tamil Nadu over the state’s established Tamil-English two-language policy and the use of Hindi in government-related signage.

The latest controversy has therefore brought the language policy issue back into focus, with the DMK questioning the TVK government’s handling of the Hindi signboard and the state administration taking action against the officials concerned.

MK Stalin has criticised the Vijay-led Tamil Nadu government over Hindi appearing on a State Highway signboard. The Hindi lettering was later removed, while two Highways Department officials were suspended and departmental action was initiated.