KS Puttaswamy v Union of India

• 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

1. Whether the right to privacy is a fundamental right under the Constitution of India
2. If yes, what is the standard for permissible state interference with privacy

• 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

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.