Right to Privacy verdict

Puttaswamy v. Union of India
CourtSupreme Court of India
Full case nameJustice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors.
DecidedAugust 24, 2017 (2017-08-24)
Citation(s)Writ Petition (Civil) No 494 of 2012; (2017) 10 SCC 1; AIR 2017 SC 4161
Case history
Related action(s)
Court membership
Judges sittingJ.S. Khehar, J. Chelameswar, S.A. Bobde, R.K. Agarwal, Rohinton F. Nariman, A.M. Sapre, Dr. D.Y. Chandrachud, Sanjay Kishan Kaul and S.A. Nazeer
Case opinions
The right to privacy is protected under Articles 14, 19 and 21 of the Constitution.
ConcurrenceAll
DissentNone
Laws applied
This case overturned a previous ruling
MP Sharma v Satish Chandra (1954)

Kharak Singh v State of Uttar Pradesh (1962)

ADM Jabalpur v. Shivkant Shukla (1976)

Justice K.S. Puttaswamy (Retd.) & Anr. vs. Union of India & Ors. (2017), also known as the Right to Privacy verdict, is a landmark decision of the Supreme Court of India, which holds that the right to privacy is protected as a fundamental right under Articles 14, 19 and 21 of the Constitution of India.[1]

A nine-judge bench of J. S. Khehar, J. Chelameswar, S. A. Bobde, R. K. Agrawal, R. F. Nariman, A. M. Sapre, D. Y. Chandrachud, S. K. Kaul, and S. A. Nazeer unanimously held that "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."[2] It explicitly overrules previous judgements of the Supreme Court in Kharak Singh vs. State of UP and M.P. Sharma vs. Union of India, which held that there is no fundamental right to privacy under the Indian Constitution.

This judgement settled this position of law and clarified that the Right to Privacy could be infringed upon only when there was a compelling state interest for doing so. This position was the same as with the other fundamental rights.[3]

  1. ^ Bhandari, Vrinda; Kak, Amba; Parsheera, Smriti; Rahman, Faiza. "An Analysis of Puttaswamy: The Supreme Court's Privacy Verdict". IndraStra Global. 003: 004. ISSN 2381-3652.
  2. ^ "9-judge bench Archives". SCC Blog. Retrieved 16 May 2019.
  3. ^ Cite error: The named reference Firstpost rightful place was invoked but never defined (see the help page).

© MMXXIII Rich X Search. We shall prevail. All rights reserved. Rich X Search