K.S. Puttaswamy v. Union of India (2017)

Constitutional Law I · Right to Life — Article 21

Facts.

Retired Justice K.S. Puttaswamy challenged the Aadhaar scheme, arguing that the mass collection of biometric data infringed a right to privacy. The government replied that the Constitution recognised no such right.

Issue.

Is the right to privacy a Fundamental Right protected by Article 21 and the other freedoms?

Held.

A nine-judge Bench unanimously held that privacy is intrinsic to the dignity, liberty and autonomy protected by Article 21 and Part III. It expressly overruled the contrary observations in Kharak Singh and the earlier M.P. Sharma line.

Why it matters.

It is the modern charter of privacy in India, the foundation for later rulings on personal autonomy, data protection and bodily integrity, and a vivid example of Article 21 absorbing new rights as society changes.

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