another vs. Union of India and another (2017)
Justice K.S. Puttaswamy (Retd.) vs. Union of India (2017) — Right to Privacy
1. Background:
The case arose as a challenge to the Aadhaar scheme (a biometric ID system) launched by the Government of India.
Petitioners argued that the Aadhaar project violated the fundamental right to privacy.
Before this case, the right to privacy was not explicitly recognized as a fundamental right under the Indian Constitution.
2. Key Issue:
Whether the Right to Privacy is a fundamental right protected under the Constitution of India (especially under Articles 14, 19, and 21).
Whether the Aadhaar scheme violated privacy rights.
3. Judgment:
The Constitution Bench of the Supreme Court unanimously held that Right to Privacy is a fundamental right intrinsic to the right to life and personal liberty under Article 21.
The Court emphasized that privacy is essential to individual dignity and autonomy.
The judgment laid down principles for the protection of privacy but did not strike down Aadhaar at this stage.
It also held that restrictions on privacy must meet the tests of legality, necessity, and proportionality.
4. Legal Reasoning:
The Court drew from international human rights norms and previous Indian case law on personal liberty.
It overturned prior judgments that held privacy was not a fundamental right.
The judgment referred to Articles 14 (Right to Equality), 19 (Freedom of Speech and Expression), and 21 (Right to Life and Liberty).
It set the test that any state action infringing privacy must have a valid law backing it, must be necessary in a democratic society, and proportionate to the objective.
5. Related Case Law:
The decision overruled earlier cases like:
M.P. Sharma v. Satish Chandra (1954)
Kharak Singh v. State of UP (1962) (which had cast doubt on privacy as fundamental right)
It cited and aligned with:
Maneka Gandhi v. Union of India (1978) on the broad interpretation of Article 21.
International precedents from the European Court of Human Rights and U.S. Supreme Court on privacy.
6. Significance:
Recognized privacy as a constitutional right in India for the first time.
Influences all laws and policies that involve collection, use, and sharing of personal data.
Has implications for:
Data protection and cybersecurity.
Government surveillance.
Digital identity programs (like Aadhaar).
Led to subsequent legislation like the Personal Data Protection Bill.
Sets a precedent for balancing individual rights against state interests.
7. Summary Table:
| Aspect | Details |
|---|---|
| Case Name | Justice K.S. Puttaswamy (Retd.) vs. Union of India (2017) |
| Court | Supreme Court of India |
| Issue | Whether Right to Privacy is a fundamental right |
| Held | Privacy is a fundamental right under Article 21 |
| Legal Principle | Privacy integral to life and liberty; state restrictions must be legal, necessary, proportionate |
| Impact | Landmark ruling affecting data privacy, surveillance, digital rights |
RELATED Blog
0 comments