The hearing to determine whether there is a fundamental right to privacy under the Indian Constitution has begun in front of a nine-judge bench, as reported yesterday. The Supreme Court's order from yesterday said (paraphrased): “It has become essential for us to determine whether there is a fundamental right to privacy under the Indian Constitution. The determination of this question essentially entails whether the precedence recorded by the court in MP Sharma by a eight-judge constitutional bench and also in Kharak Singh vs State of UP by a six-judge bench that there is no such fundamental right is the correct interpretation of the constitution. This issue deserves to be placed before a nine-judge bench tomorrow.” Today's hearing: 4:00 pm: The nine-judge bench has asked the counsels representing the petitioners to work on parameters of challenge for State action in regards to privacy (source). Nariman J: after submissions from Datar that depends on the other concurrent right that is infriged. In short it needs to be case by case. — Prasanna S (@prasanna_s) July 19, 2017 That's it for today. The hearing will continue tomorrow. 3:45 pm: It has now boiled down to a single, crucial question. The Chief Justice of India says, "Question is how can we not lay down the extent of the right [right to privacy]." (source) Gopal Subramaniam submits that the extent of the right privacy can't be catalogued definitely, but can be added to Articles 14, 19 and 21. However, it should be done such that for…
