Supreme Court of India (Constitution Bench)

Justice K S Puttaswamy (Retd) v Union of India (Aadhaar)

Writ Petition (Civil) No. 494 of 201220181 min read
The case in brief30-second read
Facts
The Aadhaar Act 2016 and the Aadhaar scheme were challenged as violating the right to privacy recognised in 2017.
Issue
Whether the Aadhaar Act and its uses are constitutional.
Held
By majority the Act was upheld for the targeted delivery of subsidies, benefits and services, applying the tests of legality, legitimate aim and proportionality. S.57, allowing private entities to require Aadhaar, was struck down along with some other provisions.
Principle
State collection of personal data must meet legality, legitimate aim and proportionality.
Cite this

Facts

  • The Aadhaar Act 2016 and the Aadhaar scheme were challenged as violating the right to privacy recognised in 2017.

Issue

  1. Whether the Aadhaar Act and its uses are constitutional.

Held

  • By majority the Act was upheld for the targeted delivery of subsidies, benefits and services, applying the tests of legality, legitimate aim and proportionality. S.57, allowing private entities to require Aadhaar, was struck down along with some other provisions.

Cite this

Citation

Justice K S Puttaswamy (Retd) v Union of India (Aadhaar) Writ Petition (Civil) No. 494 of 2012

Reported: https://api.sci.gov.in/supremecourt/2012/35071/35071_2012_Judgement_26-Sep-2018.pdf ; https://indiankanoon.org/doc/127517806/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.