Right to Privacy and Its Ramifications

2.1 K.S. Puttaswamy v. Union of India (2017)

The Puttaswamy judgment is considered the most consequential constitutional ruling of the 21st century in India. A 9-judge constitutional bench, for the first time, unanimously declared the Right to Privacy a Fundamental Right under Articles 14, 19, and 21. The case arose from a challenge to the Aadhaar scheme, but the Court first addressed the preliminary question of whether privacy is a fundamental right.

Earlier Contradictory Precedents Overruled

• M.P. Sharma v. Satish Chandra (1954) — 8-judge bench had held that search and seizure did not violate privacy; now overruled
• Kharak Singh v. State of UP (1963) — 6-judge bench had held that the right to privacy was not a guaranteed fundamental right; now overruled

Scope of the Right to Privacy (from Puttaswamy)

• Privacy includes a right to be left alone (informational privacy)
• Right to decisional autonomy in matters of personal choices (sexual orientation, reproductive choices, dietary choices)
• Right to control personal information
• Privacy of body and personal space

Subsequent Applications

• Navtej Singh Johar (2018) — sexual orientation as a facet of privacy
• Joseph Shine (2018) — intimate choices within marriage
• Digital Personal Data Protection Act 2023 — legislative response; creates Data Protection Board

2.2 Aadhaar Judgment — Justice K.S. Puttaswamy (Retd.) v. Union of India (2019)

A separate 5-judge bench, after the 9-judge privacy ruling, examined the Aadhaar Act 2016 specifically. The majority (4:1) upheld Aadhaar as constitutionally valid for welfare delivery.

Provisions Struck Down

• Mandatory Aadhaar for bank accounts and mobile phones (private companies cannot mandate Aadhaar)
• Section 33(2) — allowing use of Aadhaar data in national security investigations without judicial oversight
• Section 47 — only UIDAI could file complaints, not individuals

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