Courts cannot introduce fundamental rights: Maharashtra govt to SC

New Delhi, August 1 : The courts cannot introduce right to privacy as a fundamental right under the Constitution and this can be done only by Parliament, the Maharashtra government told the Supreme Court on Tuesday. A nine-judge Constitution bench headed by Chief Justice JS Khehar is hearing a plea to decide whether right to privacy is a fundamental right or not. “This is not the case of interpretation of the Constitution or the law. This is the case of introduction of a right as a fundamental right. This can be done only by Parliament,” senior advocate CA Sundaram, appearing for the Maharashtra government, told the judges. The bench also comprises Justices J Chelameswar, SA Bobde, RK Agrawal, Rohinton Fali Nariman, Abhay Manohar Sapre, DY Chandrachud, Sanjay Kishan Kaul and S Abdul Nazeer. Sundaram said the term privacy is not a definite term and it cannot be conferred a separate status of a fundamental right under the Constitution. Besides the government of Maharashtra, Madhya Pradesh has also opposed the contentions of the lawyers who are seeking that the right to privacy be included as a fundamental right.