Name of the Case : K. S. Puttaswamy vs. Union of India
Year of Judgement : 2017
Popular Name : Right to privacy case
Related Topic/ Issue : Fundamental right to privacy
Related Article/ Schedule : 21
Supreme Court Judgement:
- Fundamental Right: This judgement declared the right to privacy as a fundamental right under Article 21.
- Constitutional Protection: It affirmed that privacy is protected as an intrinsic part of the right to life and personal liberty and other freedoms guaranteed by Part III of the Constitution.
- Individual Autonomy: It recognized the right to privacy as essential for safeguarding individual autonomy and personal control over vital aspects of life.
- Subject to Reasonable Restrictions: It clarified that the right to privacy is not absolute and can be subject to reasonable restrictions under Part III of the Constitution.
- Legal Criteria for Invasion: It established that any invasion of privacy must meet three criteria: legality (existence of law), need (legitimate state aim), and proportionality (rational nexus between objectives and means).
Impact of the Judgement:
- Overruled Previous Judgements: The judgement overruled the M.P. Sharma case (1954) and Kharak Singh case (1962), where it was held that the right to privacy is not protected by the Constitution.
- Clarified Legal Position: It clarified that the judgements subsequent to Kharak Singh, which recognized the fundamental right to privacy, lay down the correct position of law.
Influenced Subsequent Cases: This judgement influenced later landmark judgements, including:
- Young Lawyers Association case (2018)
- Joseph Shine case (2018)
- Navtej Singh Johar case (2018)
Aadhaar Judgement: The Supreme Court, based on this judgement, delivered a separate judgement in 2018 on the validity of the Aadhaar law (Puttaswamy-II judgement). Key points include:
- Constitutional Validity: Upheld the constitutional validity of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
- Privacy Concerns: Ruled that the requirement to provide demographic and biometric information does not violate the fundamental right to privacy.
- Surveillance Architecture: Stated that the Aadhaar Act does not create an architecture for pervasive surveillance and provides protection and safety of the data.
- Struck Down Provisions: Struck down certain provisions of the Act and suggested changes.
- Legislative Amendment: Led to the enactment of the Aadhaar and Other Laws (Amendment) Act, 2019.
