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Supreme Court Declares Right to Privacy as a Fundamental Right in Indian Constitution

Previous judgements according to which Right to Privacy is not protected by the Constitution, have been over-ruled.

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Supreme Court of India has declared Right to Privacy as the fundamental right in Indian Constitution
Supreme Court of India has declared Right to Privacy as the fundamental right in Indian Constitution.Wikimedia.
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  • Nine-judge bench of the apex court has declared Right to Privacy as the fundamental right.
  • Former Karnataka High Court judge, Shri Justice KS Puttaswamy was the first one to file the petition.
  • Previous judgements on the Right to Privacy by M.P. Sharma and Kharak Singh have been over-ruled.

New Delhi, August 24, 2017: In another historic judgment by Supreme Court of India, all 134 crore Indians will enjoy the right to privacy as their fundamental right.

A nine-judge constitutional bench headed by Chief Justice JS Khehar unanimously declared Right to Privacy a fundamental right under Article 21 of Indian Constitution.

The Right to Privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.

Other members of the nine-judge constitutional bench comprised Justices J Chelameswar, S A Bobde, R K Agrawal, R F Nariman, A M Sapre, D Y Chandrachud, S K Kaul and S Abdul Nazeer.

Nine-judge bench today over-ruled the judgments of both eight-judge bench and six-judge bench headed by M.P. Sharma(1962) and Kharak Singh(1954) resp., which held that Right to Privacy is not protected by the Constitution.

The Right to Privacy verdict of Supreme Court is written in 547 pages. Read the verdict here: http://supremecourtofindia.nic.in/pdf/LU/ALL%20WP(C)%20No.494%20of%202012%20Right%20to%20Privacy.pdf

Today, the 91-year old, former Karnataka High Court judge, Shri Justice KS Puttaswamy must be relieved after hearing this historic judgment from the apex court, as he was the first one to file a writ petition against the Union of India in this case.

“Right to Privacy has assumed an uncharted flight. I never contemplated it would comprehend so many things, but the judges may write a good judgment. It will be a memorable one for him (the one writing the judgment),” said Puttaswamy.

Senior Advocates Shyam Divan, Arvind Datar, Gopal Subramanium, Meenakshi Arora, Sajan Poovayya, Soli Sorabjee and Anand Grover had appeared for various individual petitioners arguing in favor of the Right to Privacy, mentioned Bar and Bench report.

Today’s verdict does not comment on whether the government’s demand for Aadhaar to be linked to PAN card is an infringement of privacy or not. Another small bench of judges will decide upon it.

The verdict has created a huge stir in the nation. Indian National Congress has whole heartedly welcomed the judgment.

“It was on July 20, when all the petitioners had completed their arguments. Then, on July 26, the center stepped in, Attorney General, K.K. Venugopal told the apex court that privacy, as a fundamental right, could have been mentioned in Article 21, but has been omitted. Right to life transcends right to privacy”. Then, on August 2, the apex court reserved its judgment on the issue of whether the right to privacy is fundamental or not,” mentioned ANI report.

Finally, the clouds of suspense have been cleared. Right to Privacy is declared as a fundamental right in India.

prepared by Shivani Chowdhary of NewsGram. Twitter @cshivani31

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Another Deadline Missed, No Draft Scheme on the Cauvery Dispute Till Now

On the expiry of the six-week deadline, the Centre sought extension of time till the completion of the electoral process in Karnata for submission of the Scheme.

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The court said that even if the Centre has not framed the scheme, Karnataka, under the Cauvery Water Dispute Tribunal award, was obliged to make monthly releases to Tamil Nadu.
Supreme Court of India. Wikimedia commons

The Centre yet again failed to submit a draft Scheme on the Cauvery river water dispute before the Supreme Court on the ground that the Prime Minister and other ministers were campaigning in Karnataka, which Tamil Nadu flayed as “brazen partisanship”.

Seeking 10 more days to finalize the scheme, Attorney General K.K. Venugopal told Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud: “A draft scheme has been placed before the Cabinet. Because of Karnataka elections, the Prime Minister and all other Ministers are in Karnataka. Before that the Prime Minister was abroad (in China).”

It also sought response from the Centre on the steps taken by it since the pronouncing of the judgement for putting in place a scheme for implementing its order on the sharing of Cauvery water among Karnataka, Tamil Nadu, Kerala and Puducherry.
Parliament of India, wikimedia commons

The Centre’s submission was countered strongly by senior counsel Shekhar Naphade, appearing for Tamil Nadu, who said: “Sorry to say, the Central government is politicizing the issue. They are worried about their electoral fate in Karnataka. Election in Karnataka is on May 12 and somehow they don’t want to do it till then. We have enough of it. It is brazen partisanship of the Union of India. It is the end of co-operative federalism.”

The apex court in its February 16 judgement had directed the Centre to frame a Scheme within six months in accordance with the recommendation by the Cauvery River Water Tribunal for constitution of the Cauvery Management Board (CMB) and Cauvery Regulatory Authority (CRA), which Karnataka opposes strongly.

On the expiry of the six-week deadline, the Centre sought extension of time till the completion of the electoral process in Karnata for submission of the Scheme. Tamil Nadu filed a contempt petition against the Centre for failure to act within the deadline.

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During Thursday’s hearing, the court directed the Karnataka government to respond on how much of the four TMC of water it can release by month end. It also sought response from the Centre on the steps taken by it since the pronouncing of the judgement for putting in place a scheme for implementing its order on the sharing of Cauvery water among Karnataka, Tamil Nadu, Kerala and Puducherry.

In the course of the hearing, the court asked Karnataka to release 4 TMC of water by Monday.

The court said that even if the Centre has not framed the scheme, Karnataka, under the Cauvery Water Dispute Tribunal award, was obliged to make monthly releases to Tamil Nadu.

The court directed the next hearing of the matter on Tuesday. (IANS)