JUSTICE K S PUTTASWAMY V. UNION OF INDIA, 2017 SCC ONLINE SC 996
FACTS
- Justice K.S. Puttaswamy filed a petition challenging the constitutional validity of the Aadhaar Project, managed by the Unique Identification Authority of India (UIDAI).
- Aadhaar was a 12-digit identification number linked to various welfare schemes to streamline service delivery and eliminate fake beneficiaries.
- Other petitions challenging different aspects of Aadhaar were also referred to the Supreme Court.
- The case questioned the government's collection of demographic biometric data and the right to privacy.
ISSUES
Whether the right to privacy was a fundamental right under the Constitution of India, 1950.
CONTENTIONS
- Respondents relied on judgments in M.P. Sharma and Kharak Singh, arguing that the Constitution did not specifically protect the right to privacy.
- Petitioners argued that the basis of these judgments was flawed and pointed to subsequent decisions upholding privacy rights.
- Arguments also involved the scope of the right to privacy, with Petitioners advocating for a broad interpretation and Respondents advocating for a narrow approach.
COURT REASONING
- Privacy was affirmed as a fundamental right under Article 21 of the Constitution.
- Privacy was interpreted expansively to cover the body and mind, including decisions, choices, information, and freedom.
- A narrow view of personal liberty was rejected.
- The Court established a standard of judicial review for state intrusion into privacy, including legality, need, proportionality, and procedural guarantees against abuse.
JUDGEMENT
- The right to privacy was declared a distinct and independent fundamental right under Article 21.
- The Court rejected the argument that privacy must be sacrificed for welfare entitlements provided by the state.
- Privacy was not absolute but subject to restrictions meeting the three-fold requirement of legality, need, and proportionality.
- Sexual orientation was recognized as an essential facet of privacy.
- Informational privacy was deemed part of the right to privacy, with the Court urging Parliament to legislate on data protection.
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