Right to privacy : Four non-BJP ruled states oppose Centre's stand

"Privacy cannot be an absolute right. But it is a Fundamental Right. This court needs to strike a balance," he submitted before the bench also comprising Justices J Chelameswar, S A Bobde, R K Agrawal, Rohinton Fali Nariman, Abhay Manohar Sapre, D Y Chandrachud, Sanjay Kishan Kaul and S Abdul Nazeer. The hearing is in progress.

The apex court had on July 18 set up the Constitution bench after the matter was referred to a larger bench by a five-judge bench.

The petitioners had claimed that collection and sharing of biometric information, as required under the Aadhaar scheme, was a breach of the "fundamental" right to privacy.

The right to Privacy cannot fall in the bracket of fundamental rights, the Centre had on July 19 submitted in the apex court, as there are binding decisions of larger benches that it is only a common law right evolved through judicial pronouncements.