Notes from an inter-college debate that was held at the Jindal Global Law School by SFLC.in, looking into whether there is a constitutional right to privacy (the Indian government is arguing in the Supreme Court that there isn't one), and whether mass surveillance is inevitable. Paraphrased notes on unique points made: Is Privacy a fundamental right? - "What is a fundamental right? It’s something that is non-derogable, except under specific circumstances. It’s something which is available against the state itself. That’s what it makes different from every other"..."With technology, it’s impossible for the judiciary to even look into it because it’s always evolving. Founding fathers of the constitution decided against including the right to privacy as a fundamental right" - Aditya Garg, NLU Delhi - "What is a fundamental right? You prioritize the individual over the state. It impedes with the functioning of the government as carrying out the duty of protecting citizens. This is where you go ahead and say that it is so intrinsic that at no point can the government can intervene into that right. You can put reasonable restrictions, and that is in the interest of national security. It doesn’t happen in all cases. This restriction (on the right to privacy) will happen all the time, and it’s all pervasive, which is why it cannot be a fundamental right." - Ishita Seth, Venkateshwara college - "The ordinary citizen is willing to give up his freedom of expression for money, but this doesn’t mean that the right isn’t fundamental. Security of…
