NEW DELHI: The Centre today submitted in the Supreme Court that right to privacy cannot fall in the bracket of fundamental rights as there are binding decisions of larger benches that it is only a common law right evolved through judicial pronouncements.
It said it is only the unauthorised intrusions into one's privacy which is protected under Article 21 of the Constitution.
The Centre's written submissions, which are likely to be examined by a nine-judge Constitution bench headed by Chief Justice J S Khehar, relied on the findings in the 1954 judgement of eight-judge bench in the M P Sharma case which did not recognise right to privacy as a fundamental right and subsequently in 1963, a six-judge bench verdict in the Kharak Singh case reiterated the settled position.
However, later the smaller benches of three judges in three cases held a view contrary to that of the larger benches.
The bench is examining whether right to privacy is a fundamental right under the Constitution.
The Centre, which is buttressing its stand on the basis of the findings of the two larger benches, said, "On a combined reading of the two judgments, it is clear that they hold that there is no fundamental right to privacy in the Constitution.
It said it is only the unauthorised intrusions into one's privacy which is protected under Article 21 of the Constitution.
The Centre's written submissions, which are likely to be examined by a nine-judge Constitution bench headed by Chief Justice J S Khehar, relied on the findings in the 1954 judgement of eight-judge bench in the M P Sharma case which did not recognise right to privacy as a fundamental right and subsequently in 1963, a six-judge bench verdict in the Kharak Singh case reiterated the settled position.
However, later the smaller benches of three judges in three cases held a view contrary to that of the larger benches.
The bench is examining whether right to privacy is a fundamental right under the Constitution.
The Centre, which is buttressing its stand on the basis of the findings of the two larger benches, said, "On a combined reading of the two judgments, it is clear that they hold that there is no fundamental right to privacy in the Constitution.
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