Right to Privacy is Fundamental Right under Indian Constitution - Supreme Court. Download and Read Judgment in Justice K.S. Puttaswamy Vs. Union of India dated 24.08.2017
A bench of 9 Judges of Supreme Court unanimously affirmed that the right to privacy is fundamental right under Indian Constitution. In August 2015, while hearing challenge to the Aadhaar Scheme, the Attorney General of India said that the constitution did not guarantee any fundamental right to privacy. The three judges hearing the case referred the constitutional question to a larger bench of five judges which, in turn, referred it further to a nine-judge bench.
While delivering Judgment in Justice
K.S. Puttaswamy vs Union of India, six out of nine Judges expressed
separate opinions. This 547 page Judgment is one of the historic land mark
judgments delivered by the Supreme Court of India. This Judgment will definitely
come on the way of many legal battles, but will protect the privacy of persons
and will prevent misuse of private date by powerful people with vested interest.
The case was argued for six days before 9 Bench Judges; Justice Jagdish Singh Khehar, Justice J Chelameswar, Justice S A Bobde, Justice R K Agrawal, Justice Rohinton Fali Nariman,Justice Abhay Manohar Sapre, Justice Dr D Y Chandrachud, Justice Sanjay Kishan Kaul and Justice S Abdul Nazeer/
The court disposed of the reference in the following terms:
"(i) The decision in M P Sharma which holds that the right to privacy is not protected by the Constitution stands over-ruled;
(ii) The decision in Kharak Singh to the extent that it holds that the right to
privacy is not protected by the Constitution stands over-ruled;
(iii) 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.
(iv) Decisions subsequent to Kharak Singh which have enunciated the position in
(iii) above lay down the correct position in law."
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Read or download in PDF Right to Privacy Judgment delivered by Supreme Court on 24.08.2017