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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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9 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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AAP drops minister, sitting MLAs from second Punjab list, gives tickets to 2 MPs

AAP has released its second list of 31 candidates for the 2027 Punjab Assembly elections. The list leaves out a minister and several sitting MLAs while giving Assembly election tickets to two MPs.

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11 hours ago

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November 12, 2026

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The Aam Aadmi Party (AAP) has announced its second list of 31 candidates for the 2027 Punjab Assembly elections, taking the total number of constituencies for which it has declared nominees to 71. The latest list includes two sitting Members of Parliament (MPs), while several sitting MLAs have been replaced.

The party has also cancelled the ticket of Cabinet Minister Gurmeet Singh Khuddian, fielding Randhir Singh Dhira Khuddian instead from Lambi.

The development comes as the ruling party steps up preparations for the 2027 Punjab Assembly elections. 

AAP’s second list follows 40-candidate announcement

AAP had announced its first list of 40 candidates on October 31. The party had renominated all 40 sitting MLAs included in that list.

Punjab Chief Minister Bhagwant Mann was named as the candidate from Dhuri, while Assembly Speaker Kultar Singh Sandhwan was fielded from Kotkapura.

Three AAP MLAs quit the party shortly after the announcement of the first list, leaving Samana, Sanaur and Amritsar North among the constituencies requiring a fresh look.

Minister Gurmeet Khuddian loses Lambi ticket

One of the significant changes in the second list is in Lambi, where AAP has fielded Randhir Singh Dhira Khuddian instead of sitting MLA and Cabinet Minister Gurmeet Singh Khuddian.

Gurmeet Singh Khuddian had defeated former Punjab Chief Minister Parkash Singh Badal from the constituency in the 2022 Assembly elections.

Two sitting MPs get Assembly tickets

AAP has fielded two sitting MPs in the 2027 Punjab Assembly elections. Sangrur MP Gurmeet Singh Meet Hayer will contest from Barnala, his former constituency, while Hoshiarpur MP Dr Raj Kumar Chabbewal has been named as the candidate from Phagwara.

Meet Hayer returns to Barnala, where Congress won the 2024 bypoll.

Focus shifts to candidate selection ahead of Punjab polls

The second list indicates that the party is making further changes to its candidate selection as it prepares for the 2027 Assembly elections.

Giving tickets to two MPs also marks an important development in its electoral preparations.

The candidate announcements come as political parties begin preparing for the next electoral contest in Punjab, where the AAP will seek another term in government.

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Nvidia CEO Jensen Huang resigns amid affair scandal, Colette Kress takes over

Nvidia CEO Jensen Huang has resigned amid an affair-related controversy. The company’s CFO, Colette Kress, will serve as interim CEO while the board looks for a permanent successor.

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11 hours ago

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November 12, 2026

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colette kress

Nvidia CEO Jensen Huang has resigned from his position, marking a major leadership change at the world’s leading artificial intelligence chipmaker. The company’s board has appointed Chief Financial Officer Colette Kress as interim CEO while it begins the process of finding a permanent successor.

The development comes amid controversy surrounding reports of Huang’s alleged extramarital relationships, including one involving a Chinese businesswoman suspected by US authorities of having links to espionage activities.

Huang’s departure comes after more than three decades at the helm of Nvidia, the company he co-founded in 1993. His leadership helped transform the business from a graphics chip manufacturer into a dominant supplier of processors powering the global artificial intelligence industry.

Colette Kress appointed interim Nvidia CEO

Following Huang’s resignation, Nvidia’s board appointed Colette Kress as interim chief executive officer.

Kress, who has served as Nvidia’s executive vice president and CFO since September 2013, will continue to hold the finance portfolio alongside her interim leadership responsibilities until a permanent successor is appointed.

Before joining Nvidia, she spent nearly 25 years working in finance roles at major technology companies, including Cisco and Microsoft.

The board has said it will consider both internal and external candidates as part of its search for a permanent CEO.

Nvidia has also appointed Harvey C. Jones as the company’s first-ever chairman of the board.

Affair controversy surrounding Jensen Huang

Huang’s resignation follows a series of reports about alleged extramarital relationships that have raised questions about his position at the company.

One of the controversies involves Alice Huang, a Chinese businesswoman whom US intelligence agencies reportedly suspect of involvement in facilitating shipments of Nvidia chips to Chinese companies.

Another report alleged that Huang had a relationship with Kimberly Powell, Nvidia’s vice president of healthcare, who reportedly worked under him.

Huang had earlier acknowledged being unfaithful to his wife in a message to Nvidia employees, taking responsibility for his actions and apologising to his family and colleagues.

The company’s board had also initiated an independent investigation into whether Huang had been targeted as part of a foreign intelligence operation.

Jensen Huang’s departure marks a major change for Nvidia

Huang co-founded Nvidia in 1993 alongside Curtis Priem and Chris Malachowsky. Under his leadership, the company evolved from a graphics processing unit manufacturer primarily associated with gaming into a central player in the global AI industry.

Nvidia’s processors have become critical to companies developing and operating artificial intelligence systems, making the company one of the most influential businesses in the technology sector.

His departure also comes at a crucial time for Nvidia, with investors closely watching the company’s leadership transition and its ability to maintain its position in the rapidly expanding AI market.

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Chandrashekhar Azad to be CM candidate of alliance with Owaisi for Uttar Pradesh elections

Asaduddin Owaisi and Chandrashekhar Azad have joined hands ahead of the 2027 Uttar Pradesh Assembly elections, bringing together the AIMIM and Azad Samaj Party in an effort to consolidate Dalit and Muslim voters.

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15 hours ago

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November 12, 2026

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Asaduddin Owaisi’s All India Majlis-e-Ittehadul Muslimeen (AIMIM) and Chandrashekhar Azad’s Azad Samaj Party (Kanshi Ram) have joined hands ahead of the 2027 Uttar Pradesh Assembly elections, seeking to emerge as a third political force and draw support from sections of Muslim and Dalit voters.

As part of the alliance, Owaisi declared Chandrashekhar Azad as the alliance’s Chief Ministerial face for the 2027 Uttar Pradesh Assembly elections.

Owaisi had been seeking a place in the Opposition alliance for months and had even issued ultimatums to the Samajwadi Party and Congress. However, his efforts did not find takers.

The alliance brings together AIMIM’s focus on Muslim political representation and the Azad Samaj Party’s outreach among Dalit voters. Both parties are seeking to establish a political formation outside the BJP-led NDA and the Samajwadi Party-led opposition.

Why Owaisi and Chandrashekhar Azad joined hands

Uttar Pradesh AIMIM president Shaukat Ali said the party approached Chandrashekhar Azad after its efforts to reach an understanding with the Samajwadi Party, Congress and Bahujan Samaj Party did not succeed.

Ali said AIMIM wanted a broader alliance to prevent the BJP from returning to power in Uttar Pradesh for a third consecutive term.

He also criticised the Samajwadi Party-Congress alliance, questioning its prospects in the next Assembly elections.

Chandrashekhar Azad, the Lok Sabha MP from Nagina, said the partnership would focus on empowering young people, farmers and weaker sections of society.

He also raised concerns over employment opportunities, demonetisation and issues affecting educated youth from Dalit and backward communities.

What the alliance means for Akhilesh Yadav’s PDA strategy

Muslims account for around 20 per cent of Uttar Pradesh’s population, while Dalits constitute approximately 21 per cent.

Samajwadi Party chief Akhilesh Yadav has used the PDA formulation to bring together backward classes, Dalits and minorities. The AIMIM-Azad Samaj Party alliance is seeking support among two important sections of this broader social grouping.

Muslims account for around 20 per cent of Uttar Pradesh’s population, while Dalits constitute approximately 21 per cent.

What the parties’ previous election performance shows

Both AIMIM and the Azad Samaj Party have struggled to establish a significant presence in Uttar Pradesh Assembly elections.

In the 2022 Assembly elections, AIMIM contested more than 90 seats but secured less than 0.5 per cent of the total votes. The Azad Samaj Party contested more than 100 seats and received approximately 0.13 per cent of the votes.

Chandrashekhar Azad, however, won the Nagina Lok Sabha constituency in 2024, giving his party its first elected representative in Parliament.

The alliance is now attempting to combine AIMIM’s support among sections of Muslim voters with Azad’s outreach among Dalit communities.

Its electoral prospects will depend on the seat-sharing arrangement, local leadership and whether the two parties can translate their combined social outreach into electoral support.

SP leaders respond to the alliance

Samajwadi Party MP from Ayodhya, Awadhesh Prasad, dismissed the electoral significance of the AIMIM-Azad Samaj Party alliance. He said that people in Uttar Pradesh had lost faith in the BJP government and described Akhilesh Yadav as the only leader capable of removing the BJP from power in 2027.

The alliance’s formation could therefore become an important factor in the political discussions ahead of the 2027 Assembly elections, particularly because both leaders are seeking support among communities that the Samajwadi Party also hopes to bring together through its PDA formulation.

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