The Supreme Court continued to subject the debate on constitutional status for the right to privacy+ to close scrutiny, saying economic rights of citizens and provision for food and other essential items could never be a ground to undermine basic fundamental rights.
This observation came when senior advocate C A Sundaram, appearing for the Maharashtra government, reiterated the Centre's stand that right to privacy would always take a back seat+ when it came to Aadhaar, which enabled the government to secure right to food, a more important right, for millions of poor living below poverty line. "What is better— two square meals or right to privacy," he asked.
Justice D Y Chandrachud, part of a nine-judge bench headed by Chief Justice J S Khehar, asked: "Does it mean the cherished constitutional rights are subservient to certain economic developments? Can two square meals be promised in return for barring people from protesting, forming association or giving up other fundamental rights? This can never be. We must guard against this tendency."