Justice ks Puttaswamy vs Union of India Citation

 

CASE NAME: K.S. PUTTASWAMY (RETD) V. UNION OF INDIA (AADHAAR JUDGEMENT) WRIT PETITION (CIVIL) NO. 494 OF 2012.
PETITIONER NAME: K.S. PUTTASWAMY (RETD).
RESPONDENT NAME: UNION OF INDIA.
DECIDED ON: 24TH AUGUST 2017.
CITATION: 2017 10 S.C.C. 1.

This article discusses Justice K. S. Puttaswamy (Retd.) And Anr. vs Union Of India And Ors, which is a landmark decision of the Supreme Court of India that constitutes the terrain for understanding the inter-relationship between the fundamental rights of the Indian Constitution and privacy.

Article 14 of the Constitution of India

In November 2017, a nine-judge bench of the Supreme Court unanimously decided that the right to privacy is a fundamental right of every person in the country under the Indian Constitution under Articles 14, 19, and 21. The court drew on past judgments, where the judiciary had carved out a limited right to privacy from within other rights like personal liberty (Article 21) and freedom of speech and expression (Article 19(1)(a)).


In May 2017, the Supreme Court of India upheld the right to privacy as a fundamental right, ruling that it is implicit in the concept of life and liberty guaranteed under Article 21 of the Constitution. The court's judgement was sharply divided on this issue: four judges held that privacy was indeed a fundamental right guaranteed by the Constitution, while another four sought to limit the holding to a narrower interpretation.

Judges

The judges in the case included Chief Justice J S Khehar, Justices J Chelameswar, S A Bobde, R K Agrawal, Rohinton Fali Nariman, Abhay Manohar Sapre, D Y Chandrachud, Sanjay Kishan Kaul, and S Abdul Nazeer. The verdict was pronounced on 24 August 2017. This petition requires us to examine the contours of two valuable rights of constitutional dimensions, namely, the right to privacy and the right to life. Privacy is generally understood as the right to be left alone.

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