JUSTICE K S PUTTASWAMY (RETD.), AND ANR. versus UNION OF INDIA AND ORS.

JUSTICE K S PUTTASWAMY (RETD.), AND ANR. versus UNION OF INDIA AND ORS.

The Supreme Court held that the right to privacy is a fundamental right, protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution. The previous decisions in M.P. Sharma and Kharak Singh to the extent they held privacy not protected are overruled. Any law encroaching upon privacy must satisfy the tests of legality, necessity, and proportionality. The right is not absolute and is subject to reasonable restrictions.

Parties
Petitioner: Justice K S Puttaswamy (Retd.); Respondent: Union of India
Jurisdiction
India
Judgment Date
24 August 2017
Procedural Posture
Writ Petition (civil) / Reference Judgment (constitution Bench)
Outcome
Reference answered; right to privacy affirmed as fundamental right.
Legal Topics
Right to Privacy, Fundamental Rights, Interpretation of Constitution, Aadhaar Act, Data Protection
Constitutional Law Right to Privacy Fundamental Rights Interpretation of Constitution Aadhaar Act Data Protection

Case Brief

Summary, issues, holding and outcome

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Parties

Justice K S Puttaswamy (Retd.)

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Reference Judgment (constitution Bench)

Legal Issues

  1. 1 Whether the right to privacy is a fundamental right under the Constitution of India
  2. 2 Whether M.P. Sharma and Kharak Singh correctly held that privacy is not protected by the Constitution
  3. 3 Whether the right to privacy is absolute or subject to restrictions

Ratio Decidendi

The Supreme Court held that the right to privacy is a fundamental right, protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution. The previous decisions in M.P. Sharma and Kharak Singh to the extent they held privacy not protected are overruled. Any law encroaching upon privacy must satisfy the tests of legality, necessity, and proportionality. The right is not absolute and is subject to reasonable restrictions.

Court Disposition

Reference answered; right to privacy affirmed as fundamental right.

Orders

  • M.P. Sharma and Kharak Singh decisions to the extent they deny constitutional protection to privacy are overruled.
  • Subsequent decisions recognizing privacy as a fundamental right lay down the correct law.