- Constitution of India – Case Law – Article 21 – K Puttaswamy v. UOI
- Bench: CJI Khehar, Justices J. Chelameshwar, S.A. Bobde, D.Y. Chandrachud, Abdul Nazeer, R.F. Nariman, R.K. Agarwal, Abhay Manohar Sapre and Sanjay KishanKual
Issue:
Constitutional validity of the Aadhaar scheme introduced under the UPA government.
Facts:
- In 2012, Justice K S Puttaswamy, a retired judge of the High Court, filed a writ petition in the Supreme Court challenging the constitutional validity of the Aadhaar scheme introduced by the UPA Government.
- On 11th August 2015, a Bench of three judges comprising Justices Chelameswar, Bobde, and C. Nagappan passed an order that a Bench of appropriate strength must examine the correctness of the decisions in M P Sharma v Satish Chandra, District Magistrate, Delhi, 1954 (8 Judge Bench) and Kharak Singh v State of Uttar Pradesh, 1964 (6 Judge Bench). In particular it ordered that the Court must decide whether we have a fundamental right to privacy.
- In a historic decision delivered on 24th August 2017, the Bench unanimously recognised a fundamental right to privacy of every individual guaranteed by the Constitution, within Article 21 in particular and Part III on the whole. The decisions in M.P. Sharma and Kharak Singh were overruled.
Appellant’s contentions:
- Right of privacy was an independent right, guaranteed by the right to life with dignity under Article 21 of the Constitution.
Respondent’s contentions :
- The Respondent submitted that the Constitution only recognized personal liberties which may incorporate the right to privacy to a limited extent.
Final Decision:
The nine-judge bench of the Supreme Court unanimously recognized that the Constitution guaranteed the right to privacy as an intrinsic part of the right to life and personal liberty under Article 21. The Court overruled M.P. Sharma, and Kharak Singh in so far as the latter did not expressly recognize the right to privacy.
