KS Puttaswamy v. Union of India
Rule established
Right to privacy is a fundamental right under Art.21; any interference must satisfy triple test of legality, legitimate aim, and proportionality
Facts
- Justice KS Puttaswamy (retd.) challenged the Aadhaar scheme's mandatory biometric data collection
- Government relied on MP Sharma (1954) and Kharak Singh (1963) majority view that privacy is not a fundamental right
- A 5-judge bench in 2015 referred the question of whether privacy is a fundamental right to a 9-judge bench
Issues
- Whether the right to privacy is a fundamental right under the Constitution of India
- If yes, what is the standard for permissible state interference with privacy
Held
- Right to privacy IS a fundamental right, forming an intrinsic part of Art.21 (right to life and personal liberty) and also flowing from Art.19 (freedoms) and Part III generally
- Overrules MP Sharma (8-judge bench, 1954) and Kharak Singh (majority, 1963) to the extent they held privacy is not a fundamental right
- Privacy has three dimensions: (1) bodily privacy, (2) informational privacy, (3) privacy of choice/autonomy
- Not absolute; subject to reasonable restrictions satisfying the triple test
Ratio Decidendi
Privacy is constitutionally protected under Art.21 as an inalienable natural right inherent in human dignity. In the digital age, informational privacy (right to control personal data) is the most vulnerable dimension. Any interference by state or private actor must satisfy legality, legitimate aim, and proportionality. This applies to all subsequent legislation including data protection, surveillance, and Aadhaar.
How to use it in an exam
- Part A (6 marks): State: 9-judge bench held privacy is fundamental right under Art.21. Triple test: legality, legitimate aim, proportionality.
- Part B (15 marks): Discuss three dimensions of privacy. Explain why informational privacy is critical in the digital age. Apply triple test to surveillance (S.69 IT Act) or data collection (Aadhaar/DPDP Act).
- Key line for exam: "The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution."
Source
Source: SCC Online
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.
Cited in study notes
Information Technology LawInterface of Technology and LawFoundation for privacy-based regulation of technology
Information Technology LawViolation of Privacy and Data ProtectionConstitutional basis for DPDP Act and surveillance limits