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

Published

8 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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Supreme Court raps Meta over WhatsApp privacy policy

The Supreme Court warned Meta that it would not tolerate any compromise of citizens’ privacy while hearing a case related to WhatsApp’s 2021 privacy policy and a CCI penalty.

Published

2 hours ago

February 3, 2026

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The Supreme Court on Tuesday delivered strong observations against Meta, the parent company of WhatsApp, over the messaging platform’s 2021 privacy policy, warning that it would not tolerate any compromise of citizens’ privacy.

A bench led by Chief Justice Surya said the court would not allow the sharing of user data in a manner that exploits Indians, remarking that privacy protections under the Constitution must be followed. “You can’t play with privacy… we will not allow you to share a single digit of our data,” the Chief Justice said during the hearing.

The matter relates to a plea challenging the law tribunal’s decision that upheld a ₹213 crore penalty imposed by the Competition Commission of India (CCI) on WhatsApp, while also permitting certain data-sharing practices for advertising purposes.

Court questions accessibility of privacy policy

During the hearing, the court raised concerns about whether WhatsApp’s privacy policy could realistically be understood by large sections of the population, particularly those who are poor or not formally educated.

The bench questioned if users such as roadside vendors, rural residents, or people who do not speak English would be able to comprehend the policy’s terms. It also expressed scepticism about the effectiveness of opt-out clauses, stating that even legally trained individuals find such policies difficult to understand.

Describing the alleged data practices as potentially exploitative, the court said it would not allow private information to be taken without genuine and informed consent from users.

The Chief Justice also cited a personal example, suggesting that users often begin seeing advertisements shortly after exchanging sensitive messages on WhatsApp, such as medical conversations, raising questions about how user data is being utilised.

Arguments from government and Meta

Appearing for the government, Solicitor General Tushar Mehta criticised WhatsApp’s data-sharing practices, calling them exploitative and commercially driven. In response, the Chief Justice said that if companies cannot operate in line with constitutional values, they should not do business in India.

Senior advocates Mukul Rohatgi and Akhil Sibal, appearing for Meta and WhatsApp, countered the allegations by asserting that all WhatsApp messages are end-to-end encrypted and that the company cannot read message content.

Background of the case

In November 2024, the CCI ruled against WhatsApp over its 2021 privacy policy, holding that the company had abused its dominant market position by effectively forcing users to accept the updated terms.

The watchdog objected to WhatsApp making continued access to messaging services conditional on permitting data-sharing with other Meta platforms, leading to the imposition of a ₹213 crore fine. Meta has deposited the penalty.

In January 2025, Meta and WhatsApp challenged the CCI order. Later, in November 2025, the law tribunal lifted a five-year restriction on data-sharing while maintaining the financial penalty.

India News

India welcomes US tariff cut as PM Modi thanks Trump for easing trade barriers

PM Modi has thanked US President Donald Trump after the US reduced tariffs on Indian goods to 18%, calling the move beneficial for bilateral trade.

Published

6 hours ago

February 3, 2026

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Prime Minister Narendra Modi on Sunday welcomed US President Donald Trump’s decision to lower tariffs on Indian goods, describing the move as one that unlocks significant opportunities for cooperation between the two countries.

Minutes after President Trump announced the reduction on his social media platform, the Prime Minister took to X to express his appreciation, calling the development a boost for “Made in India” products entering the US market.

“Delighted that Made in India products will now have a reduced tariff of 18 per cent,” PM Modi said, thanking President Trump on behalf of India’s 1.4 billion people.

The Prime Minister said he had a “wonderful” conversation with President Trump and underlined the broader significance of the decision, noting that closer economic cooperation between the world’s two largest democracies benefits people on both sides.

PM Modi also said that when two major economies work together, it opens doors for mutually beneficial growth, adding that India supports President Trump’s efforts aimed at global peace, stability, and prosperity. He said he looked forward to strengthening the partnership further.

President Trump, while announcing the tariff reduction, described the move as a “trade deal” and referred to PM Modi as a close friend and a respected leader.

Trade signals positive momentum

The US India Strategic Partnership Forum described the tariff reduction as an important and positive first step in strengthening bilateral trade relations.

While the detailed terms of the agreement are yet to be finalised, the announcement reflects political intent on both sides to move towards a broader US-India bilateral trade agreement. Such an agreement is expected to address issues related to tariffs, market access, non-tariff barriers, and trade across multiple sectors.

How tariffs on Indian goods evolved

The latest decision comes after months of tariff fluctuations on Indian exports to the US.

Timeline of key developments

April 2, 2025: The US imposed a 26% reciprocal tariff on several Indian imports as part of global tariff actions.
April 10, 2025: The tariffs were paused for 90 days, with a 10% duty retained on all US imports.
July 31, 2025: A 25% tariff was announced on Indian goods, along with a warning linked to India’s purchase of Russian oil.
August 7, 2025: Tariffs were raised to 50%, the highest imposed on any US trade partner at the time.
February 2, 2026: The US announced a reduction in tariffs on Indian goods to 18%.

The latest rollback marks a significant easing of trade tensions and sets the stage for deeper engagement between India and the United States.

India News

US-India trade deal to strengthen strategic partnership, says Amit Shah

Amit Shah says the US-India trade deal with reduced tariffs will elevate strategic partnership and pave the way for stronger trade ties and mutual growth.

Published

6 hours ago

February 3, 2026

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Union Home Minister Amit Shah on Monday said the newly announced trade deal between India and the United States will elevate the strategic partnership between the two countries and pave the way for stronger trade ties and mutual growth.

In a post on social media platform X, Shah said the agreement marks a significant moment in India-US relations, with business between the two nations set to expand further. He noted that the deal, which includes a reduction in reciprocal tariffs, will benefit both countries and their people.

Calling it a “big day” for bilateral ties, Shah said the trade deal has been locked with a significantly reduced tariff of 18 per cent, creating fresh opportunities for economic cooperation. He also congratulated Prime Minister Narendra Modi and US President Donald Trump on what he described as a historic agreement.

According to Shah, the agreement will strengthen the strategic partnership between the two democracies and support growth on both sides. He added that trade and business activity between India and the US is expected to flourish in the coming period.

Modi welcomes reduced tariffs on Indian goods

Prime Minister Narendra Modi also welcomed the development, saying he was delighted that tariffs on “Made in India” products would now be reduced to 18 per cent. He thanked President Trump for the announcement and said the move would benefit the people of both nations.

Modi said cooperation between two large economies and the world’s largest democracies creates opportunities for mutually beneficial growth. He added that such collaboration helps unlock new possibilities for trade and development.

The prime minister also said he looked forward to working closely with the US president to take the bilateral partnership to unprecedented heights.

Trump outlines terms of the agreement

US President Donald Trump said the United States agreed to lower the reciprocal tariff on Indian goods from 25 per cent to 18 per cent following a phone conversation with Prime Minister Modi. He added that India would move forward to reduce tariffs and non-tariff barriers against the US.

Trump said New Delhi had also committed to purchasing American goods at a much higher level, including energy, technology, agricultural products, coal and other items. He mentioned that India would buy US energy worth more than USD 500 billion.

The US president said the relationship between the two countries would become even stronger going forward. He also noted that the two leaders discussed the ongoing war between Russia and Ukraine during their conversation.

Background to the trade talks

India and the US had agreed earlier to finalise the first tranche of a bilateral trade agreement, but negotiations had slowed after higher tariffs were imposed on Indian goods. The latest agreement follows several rounds of talks between the two sides.

Officials said India now faces lower tariffs compared to several competing export economies, which could provide an advantage to Indian exporters in the US market.