The lawyer of the petitioner, in connection with the Aadhar matter, on Wednesday argued on all issues arising out of the Aadhar card, especially the concern over whether it breaches the people’s right to privacy.
“The issue is simple. Is there a fundamental right to privacy under the Indian Constitution? The view that existed earlier was an opinion that different fundamental rights were individual and distinct. And that Article 21 was a residuary right. The basic freedoms were under article 19,” Senior Advocate Gopal Subramanian said.
Subramanian further argued that privacy is embedded in all processes of human life and liberty. The Preamble uses two expressions liberty and dignity. These two words are intended to convey an inherent right recognised by the Constitution and the privacy is embedded in both.
The hearing is going on in the Supreme Court nine-judge Constitution bench.
On June 10, the Supreme Court had ruled that from July 1 onward, every person eligible to obtain Aadhar card must quote their Aadhar number or their Aadhaar Enrolment ID number for filing of Income Tax Returns as well as for applications for Permanent Account Number (PAN).
Following this, the apex court pronounced its order on mandatory requirements of Aadhar card for Income Tax Return (I-TR).
The Income Tax Department has stepped up its efforts to encourage people to link their PAN with Aadhar.
On July 12, the top court decided to constitute a five-judge bench to hear whether there is a right to privacy or not.
The matter was mentioned before a bench comprising of Chief Justice J.S. Khehar and Justice D.Y. Chandrachud, which said that its five-judge Constitution Bench will hear Aadhar-related matter.