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

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8 years ago

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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]

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Abhishek Banerjee presents alleged dead voters at poll rally, attacks EC over SIR

Abhishek Banerjee displayed 10 people allegedly marked as dead in Bengal’s draft electoral rolls, accusing the Election Commission and BJP of undermining voting rights through the SIR exercise.

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4 hours ago

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January 14, 2026

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Abhishek Banerjee

Trinamool Congress MP Abhishek Banerjee on Tuesday intensified his attack on the Election Commission and the BJP-led Centre, presenting 10 people at a public rally who were allegedly marked as dead in the draft electoral rolls during the ongoing Special Intensive Revision (SIR) exercise in West Bengal.

Addressing the gathering in Cooch Behar, the Trinamool national general secretary called the individuals on stage and claimed they had been wrongly declared deceased despite being residents of the district since birth. He alleged that their names were struck off the electoral rolls during the SIR process.

Banerjee accused the Election Commission of acting under political influence and said the ongoing exercise was effectively depriving citizens of their fundamental right to vote.

Allegations over voter list revision

The Diamond Harbour MP claimed that around 3.5 lakh residents of Cooch Behar district alone have received notices citing logical discrepancies during the SIR process. He urged Trinamool workers to ensure that all affected individuals are re-included in the voter list.

Banerjee also alleged that the EC was focusing on removing names from electoral rolls instead of safeguarding democratic participation. He claimed that anxiety related to the SIR exercise had led to the deaths of around 78 people in the state.

Earlier this month, Banerjee had presented three individuals at another rally in South 24 Parganas district, alleging that they too had been marked as dead voters in the draft rolls.

Attack on BJP over unfulfilled promises

Targeting the BJP-led Centre, Banerjee accused the ruling party of failing to fulfil electoral promises made to the people of Cooch Behar since 2014. He cited commitments related to the formation of the Narayani battalion, a training centre named after warrior Chilarai, international status for the Madan Mohan temple, and the upgradation of Cooch Behar airport.

He also claimed that the 9-seater aircraft service between Cooch Behar and Kolkata, introduced in February 2023, is likely to be discontinued by the end of the month, alleging neglect by the Centre.

Assembly polls and political messaging

Calling on voters to back Trinamool candidates in all nine assembly seats in Cooch Behar district, Banerjee said the upcoming assembly elections would be a contest between the people of Bengal and the BJP. In the 2021 assembly elections, the BJP had won six seats in the district, while Trinamool secured three.

He thanked voters for defeating former Union minister Nisith Pramanik in the 2024 Lok Sabha elections and asserted that the Trinamool Congress would return to power in West Bengal for a fourth consecutive term under Chief Minister Mamata Banerjee.

Banerjee also criticised recent central agency actions in the state and accused the BJP leadership of insulting Bengal’s cultural and political legacy. He further alleged excesses by border forces against farmers working near the India-Bangladesh border and objected to NRC notices allegedly being sent to some residents of Cooch Behar.

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Tej Pratap Yadav meets family, invites Lalu and Tejashwi for Dahi-Chura feast

Tej Pratap Yadav’s visit to his family ahead of Makar Sankranti and his Dahi-Chura invitation has sparked renewed talk of reconciliation within the Lalu family.

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4 hours ago

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January 14, 2026

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Tej Pratap Yadav

A rare and emotionally charged family moment played out on Tuesday when Rashtriya Janata Dal leader Tej Pratap Yadav visited 10 Circular Road, the residence of former Bihar Chief Minister Rabri Devi, to meet his parents and younger brother Tejashwi Yadav.

The visit marked a notable departure from months of visible distance within the Lalu Prasad Yadav family and was centred around a formal invitation for a Dahi-Chura feast scheduled for January 14 on the occasion of Makar Sankranti.

Tej Pratap personally handed over the invitation letter to Tejashwi Yadav, the Leader of the Opposition in the Bihar Assembly, in a gesture widely interpreted as an attempt at reconciliation and reaffirmation of family unity.

Upon his arrival, Tej Pratap sought blessings by touching the feet of RJD supremo Lalu Prasad Yadav and Rabri Devi, underscoring the personal significance of the meeting.

Rare public warmth between the brothers

The meeting was particularly striking as it was the first time in a long while that Tej Pratap and Tejashwi were seen together with visible warmth in front of the media. For several months, the two brothers had been living separately and maintaining a noticeable distance on public platforms, fuelling speculation of a rift.

A deeply personal moment during the visit drew widespread attention when Tej Pratap lifted Tejashwi’s daughter, Katyayani, in his arms. The images of the interaction quickly circulated on social media, presenting a softer picture of family bonds beyond political equations.

Tej Pratap later described the moment as a memorable experience, reinforcing the impression that familial ties remain intact despite past differences.

Political and symbolic significance

Political observers see the visit as a significant shift after a prolonged phase of strained relations, often described as a “cold war” between the brothers. The timing of the outreach, on the eve of Makar Sankranti, has also blunted opposition narratives of a deep and irreversible divide within the Lalu family.

Attention has now shifted to the Dahi-Chura feast scheduled for Wednesday. Beyond its cultural importance, the event is being viewed as a symbolic display of unity within the family and the party.

The outreach has generated renewed enthusiasm among RJD workers, with many keenly watching how Tejashwi Yadav and other family members participate in the celebration, which could further cement this much-discussed rapprochement.

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Centre asks Blinkit, Zepto and Swiggy to stop 10-minute delivery claims

The Centre has urged Blinkit, Zepto and Swiggy to remove 10-minute delivery claims, citing safety concerns for delivery partners, government sources said.

Published

21 hours ago

on

January 13, 2026

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10 minutes delivery

The Centre has asked quick commerce platforms such as Blinkit, Zepto and Swiggy to remove claims related to 10-minute deliveries, citing concerns over the safety of delivery partners, according to government sources.

The issue was discussed during a meeting between Union Labour Minister Mansukh Mandaviya and representatives of major food and grocery delivery aggregators. Executives from platforms including Zomato, Swiggy, Blinkit and Zepto were present at the meeting, sources said.

Safety of delivery partners discussed in meeting

Government sources indicated that the minister raised concerns about strict delivery timelines and their potential impact on the safety and well-being of delivery partners. Platforms were advised to prioritise safe working conditions instead of promoting ultra-fast delivery promises.

The discussion focused on delivery expectations, rider pressure and the broader responsibility of aggregators towards their workforce, sources added.

Blinkit revises tagline after government intervention

Following the meeting, Blinkit has revised its marketing tagline. The platform earlier promoted “10,000 plus products delivered in 10 minutes” but has now changed it to “30,000 plus products delivered at your doorstep,” according to sources.

The revision reflects a shift away from highlighting delivery speed as a key promise, in line with the concerns raised during the discussions.

The government is expected to continue engaging with aggregators on labour welfare and safety-related issues, sources said.

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