The BJP-ruled Maharshtra government has argued before the Supreme Court that privacy is not a fundamental right but only a “concept.”

The State contended that the Supreme Court cannot inject privacy into the Constitution as a new fundamental right, and this can only be done through a constitutional amendment.

Senior advocate C.A. Sundaram, for the State, argued that the Constitution makers had considered and rejected the idea of privacy as a fundamental right.

For something to be a fundamental right, it has to be tangible and exact. Privacy has no exactitude, in fact, the concept of privacy varies from person to person. If made a fundamental right, it would open a flood of litigations, Mr. Sundaram argued.

Here, Justice Rohinton Nariman intervened, saying dignity is also not defined in the Constitution.