Case Summary: Justice K.S. Puttaswamy (Retd.) v. Union of India
(2017) 08 SC CK 0095
Case No: W.P.(C) No. 494 of 2012
Date of Decision: 24-08-2017
Bench: Full Bench – 9 Judges
Citation: AIR 2017 SC 4161; (2017) 10 SCC 1; (2017) 10 SCR 569
[Judgment Source] https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=2361244
One-Page Summary
Law Points Raised:
• Whether the right to privacy is a fundamental right under the Constitution of India.
• Validity of the Aadhaar scheme vis-à-vis personal autonomy and privacy.
• Reconsideration of earlier judgments in M.P. Sharma (1954) and Kharak Singh (1964) regarding privacy rights.
Ratio Decidendi:
The Supreme Court held that the right to privacy is a fundamental right, intrinsic to Article 21 (Right to Life and Personal Liberty) and other freedoms guaranteed under Part III of the Constitution. It overruled earlier contrary views in M.P. Sharma and Kharak Singh. The judgment emphasized that privacy is not an elitist concept but a basic human entitlement and includes informational privacy in the digital age.
Final Ruling:
The 9-judge bench unanimously ruled that the right to privacy is a fundamental right protected under Part III of the Constitution. It forms an integral part of the right to life and personal liberty under Article 21 and the freedoms guaranteed under Article 19. This decision laid the foundation for future challenges to intrusive State actions.
Relevant Paragraphs:
• Para 2 – Autonomy and liberty in the digital world.
• Para 3–4 – Reference to earlier judgments and Aadhaar.
• Para 12–13 – Need for clarity on conflicting precedents.
• Para 5 – Constitution Bench formation.
• Para T – Conclusion: Right to Privacy is a Fundamental Right.