Supreme Court ruling on right to privacy a set back for government: Prashant Bhushan

Prashant Bhushan speaks to the media after the verdict on right to privacy outside the Supreme Court in New Delhi on August 24, 2017.

The Supreme Court’s ruling on August 24, 2017 that the right to privacy is a fundamental right is a “set back” for the government, noted lawyer Prashant Bhushan has said.

“This is a setback for the government” because it goes against it’s stand on privacy, Mr. Bhushan who is party to the case told reporters in New Delhi.

In a landmark judgment, a nine-judge Constitution bench unanimously held that right to privacy is a fundamental right guaranteed under Article 21 of the Constitution. The verdict will have bearing on the government’s Aadhaar scheme that makes compulsory linking of the unique biometric identity with bank accounts, income tax returns and for availing government benefits.

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Asked if the ruling will have implications on Aadhaar, Mr. Bhushan said: “This judgement does not say anything about that.”

He said it appeared that any law which restricts fundamental right will have to be examined on the touchstone of Article 21. “If the government asks for Aadhaar for booking railway tickets or if you buy something then such a law would be considered as unreasonable restriction on Right to Privacy. I feel it will be struck down,” Mr. Bhushan said.

The petitions challenging Aadhaar will now be referred to a separate five-judge bench.