KS Puttaswamy vs Union of India
AIR 2018 SC (SUPP) 1841
Case Summary
[Fundamental Rights]
[Right to Privacy]
Facts
In 2012, retired Justice K.S. Puttaswamy filed a writ petition challenging the constitutionality of the Aadhaar scheme, which mandated citizens to provide personal biometric data. The petition contended that the scheme infringed upon individuals' fundamental right to privacy, raising significant questions about privacy as a fundamental right and its status under the Indian Constitution.
Issues
Is the right to privacy recognized as a fundamental right under the Indian Constitution?
If recognized, what is the extent of this right, and how does it interact with other fundamental rights?
Legal Provisions
Article 21: Right to life and personal liberty.
Article 19: Protection of certain rights regarding freedom of speech, etc.
Judgment
A nine-judge bench of the Supreme Court unanimously affirmed that the right to privacy is a fundamental right under the Indian Constitution, rooted in Article 21 and other provisions. The Court highlighted that privacy is intrinsic to human dignity and autonomy and can only be restricted by fair, just, and reasonable laws. This landmark judgment overturned previous rulings, such as MP Sharma and Kharak Singh, which had not recognized privacy as a fundamental right. It established a foundation for future privacy protections, influencing subsequent cases, including those challenging the Aadhaar Act.
Rishita Vanjani
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