Every aspect of privacy doesn't qualify as fundamental right: Centre to SC

The Centre told the Supreme Court on Wednesday that the right to privacy was a fundamental right but not all its facets will be covered under it.

Attorney general KK Venugopal told a nine-judge constitution bench headed by Chief Justice JS Khehar: "There is a fundamental right to privacy, but it is a wholly qualified right since the right to privacy consists of various aspects and is a sub-species of the right to liberty, every aspect of it will not qualify as a fundamental right".

Venugopal said this as arguments commenced on Wednesday in the course of the hearing by the nine-judge bench on the question whether right to privacy is a



fundamental right.

The issue needs to be settled for it to hear petitions that challenge Aadhaar, the 12-digit biometric identity number which critics say violates privacy.

"Privacy is a species of liberty, which is subordinate to the right to life. Aadhaar is to secure poor's right to life - food, shelter," the government told the court, as four non-BJP states joined the chorus for privacy to be declared a fundamental right.

The government wondered if the privacy rights of a select few "could destroy the rights of large group of others", as it sought to link Aadhaar to right to livelihood.