In a significant ruling, the Supreme Court dismissed a Public Interest Litigation (PIL) on Friday, emphasizing the fundamental right to privacy and rejecting the plea for 24/7 digital monitoring of Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs). The bench, comprising Chief Justice of India DY Chandrachud, Justice JP Pardiwala, and Justice Manoj Misra, questioned the practicality of implanting a “chip” in legislators’ bodies for continuous surveillance.
The petitioner, Surinder Nath Kundra from Delhi, faced a stern warning from the Chief Justice, who stated that a fine of Rs 5 lakh would be imposed for abusing the court’s time on this matter.
“This is not about our ego; this is public time. A cost of Rs 5 lakh will be recovered from you as land revenue if you argue and we disagree,” remarked the bench.
The PIL aimed to enforce digital tracking of MPs and MLAs as part of governance improvement. However, the court stressed that the right to privacy was a critical consideration in evaluating such requests. The bench raised concerns about the feasibility and legality of digitally monitoring elected representatives around-the-clock.
The CJI pointed out that the proposal was akin to offering such monitoring only to convicted felons evading justice. The court firmly asserted that elected lawmakers could enact laws, not individuals, highlighting the democratic principle that only MPs and MLAs had the authority to legislate.
While acknowledging that MPs and MLAs are “paid servants of citizens,” the bench underscored the importance of not making a generalized accusation against all elected representatives. The ruling concluded that the request for digital monitoring of MPs and MLAs could not be granted, upholding the right to privacy.
The court also cautioned the petitioner against continuing such cases, stating that costs would be imposed if such pleas persisted in the future. However, no costs were imposed this time, accompanied by a warning against pursuing similar requests.
