JUSTICE K.S. PUTTASWAMY (RETD.) &ANOTHER versus UNION OF INDIA & OTHERS

JUSTICE K.S. PUTTASWAMY (RETD.) &ANOTHER versus UNION OF INDIA & OTHERS

To resolve contradictions regarding the existence and scope of the right to privacy, the matter must be referred to a larger bench for authoritative determination. Interim measures are adopted balancing interests until final decision.

Parties
Petitioner: JUSTICE K.S. PUTTASWAMY (RETD.) & ANOTHER; Respondent: UNION OF INDIA & OTHERS
Jurisdiction
India
Judgment Date
11 August 2015
Procedural Posture
Writ Petition (civil) No. 494 of 2012 and Connected Matters / Interim Order, Reference to Larger Bench
Outcome
Matters referred to larger bench; interim orders issued
Legal Topics
Right to Privacy, Aadhaar Card Scheme, Article 21, Collection of Biometric Data
Constitutional Law Right to Privacy Aadhaar Card Scheme Article 21 Collection of Biometric Data

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

JUSTICE K.S. PUTTASWAMY (RETD.) & ANOTHER

Petitioner

UNION OF INDIA & OTHERS

Respondent

Procedural Posture

Writ Petition (civil) No. 494 of 2012 and Connected Matters / Interim Order, Reference to Larger Bench

Legal Issues

  1. 1 Whether collection of biometric data for Aadhaar is violative of right to privacy under Article 21
  2. 2 Existence and contours of the fundamental right to privacy under the Constitution

Ratio Decidendi

To resolve contradictions regarding the existence and scope of the right to privacy, the matter must be referred to a larger bench for authoritative determination. Interim measures are adopted balancing interests until final decision.

Court Disposition

Matters referred to larger bench; interim orders issued

Orders

  • Union of India to publicize that Aadhaar is not mandatory.
  • Aadhaar card not required for benefits otherwise due to a citizen.