Attorney General of India KK Venugopal By Venkatesh Nayak* A nine-judge Constitution Bench of the Supreme Court of India is currently hearing arguments about whether Article 21 of the Constitution of India contains within its meaning and scope a guarantee of the right to privacy of individuals. The controversy was created by a submission made by the Government of India in the context of a batch of petitions that challenged the constitutionality of Aadhaar (Unique Identification- UID) a couple of years ago. According to media reports, the current Attorney General of India (AGI) has apparently conceded on behalf of the Government that while the right to privacy is a fundamental right, it is a “wholly qualified right.” This seems like a climb down from the original argument made by his predecessor in August 2015 who questioned whether there was a fundamental right to privacy at all, under the Constitution. Readers may access my two-part comment on this controversy here and here . Acc...
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