JUSTICE K S PUTTASWAMY (RETD.), AND ANR. versus UNION OF INDIA AND ORS.

Citation: [2017] 10 S.C.R. 569 · Decided: 24-08-2017 · Supreme Court of India · Bench: J.S. KHEHAR · Disposal: Reference answered

Cited by 58 judgment(s) · cites 67 · see the full citation network in Lexace

Judgment (excerpt)

[2017] 10 S.C.R. 569 
JUSTICE K S PUTIASWAMY (RETD.), 
AND ANR. 
v. 
UNION OF INDIA AND ORS. 
(Writ Petition (Civil) No. 494 of2012) 
AUGUST 24, 2017 
[JAGDISH SINGH KHEHAR, CJI, J. CHELAMESWAR, 
S. A. BOBDE, R. K. AGRAWAL, R. F .. NARIMAN, 
ABHAY MANOHAR SAPRE, DR. D. Y. CHANDRACHUD, 
SANJAY KISHAN KAUL AND S. ABDUL NAZEER, JJ.] 
Constitution of India - A11.21 - Right to privacy - Privacy is 
a constitutionally protected right in India - The decision in M. P. 
Sharma which holds that the right to privacy is not protected by the 
Constitution stands over-ruled - The decision in Kharak Singh to 
A 
B 
c 
the extent that it holds that the right to privacy is not protected by D 
the Constitution stands over-ruled - Right to privacy is protected 
· as an intrinsic part of the right to life and personal liberty under 
Art.21 and as a part of the freedom guaranteed by Part Ill of the 
Constitution - Aadhar (Targeted Delivery of Financial and other 
Subsidies, Benefits and Services) Act, 2016, (Per Court) 
Constitution of India -Art.21 - Right to privacy - MP Sharma 
. judgment - Correctness of - Held: The judgment in M P Sharma 
holds essentially that in the absenc~ of a provision ·similar to the 
Fourth Amendment to the US Constitution, the right to privacy cannot 
E 
be read into the pmvisions of An.20(3) of the Indian Constitution -
F 
The judgment does not specifically adjudicate on whether a right 
to privacy would arise from any of the other provisions of the rights 
guaranteed by Part lTl including Art.21 and Art.19- The observation 
that privacy is not a right guaranteed by the Indian Constitution is 
not reflective of the correct position - M P Sharma is overruled to 
the 
extent 
to 
which 
it 
indicates 
to 
the 
confrary. 
G 
(Dr. D. Y. Chandrachud, J.) 
Constitution of India - Art.21 ..:. Right to privacy - Kharak · 
Singh judgment - Correctness of - Held: In the first part of decision 
in Kharak Singh, it was correctly held that the content of the expression 
569 
H 
• 
570 
SUPREME COURT REPORTS 
[2017] 10 S.C.R. 
A 
B 
c 
'life' under Art.21 means not merely the right to a person's "animal 
existence" and that the expression 'personal liberty' is a guarantee 
against invasion into the sanctity of a person's home or an intrusion 
into personal security - Kharak Singh also correctly laid down that 
the dignity of the individual must lend content to the meaning. of 
'personal liberty' - Thus, the first part of the decision in Kharak 
Singh which invalidated domiciliary visits at night on the ground 
that they violated ordered liberty is an implicit recognition of the 
right to privacy - The second part of the decision, however, which 
holds that the right to privacy is not a guaranteed right under our 
Constitution, is not reflective of the correct position -
Kharak Singh 
to the extent that it holds that the right to privacy is not protected 
under the Constitution is overruled. (Dr. D. Y. Chandrachud, J.) 
Constitution of lndici - Art.21 - Dignity - Jurisprudence on 
dignity - Dignity as a constitutional value findf expression in the 
Preamble - The constitutional vision seeks the realisation of justice 
D (social, economic and political); liberty (of thought, expression, 
belief, faith and worship); equality (as a guarantee against 
· arbitrary treatment of individuals) and fraternity (which assures a 
life of dignity to every indil'idual) - These constitutional precepts 
exist in unity to facilitate a humane and compassionate society -
The individual is a focal point of the Constitution because it is in 
E the realisation of individual rights that the collective well being of 
the community is determined - To live is to live with dignity - Privacy 
with its attendant values assures dignity to the individlial and it is 
only when life can be enjoyed with dignity can liberty be of true 
substance - Privacy ensures the fulfilment of dignity and is a core 
F 
value which the protection of life and liberty is intended to achieve 
- Jurisprudence. (Dr. D. Y. Chandrachud, J.) 
Constitution of India - Art.21 - Privacy as intrinsic to freedom 
and liberty - The submission that recognising the right to privaly is 
an exercise which would require a. constitutional amendment and 
G cannot be a matter of judicial interpretation is not an acceptable 
doctrinal position - The argument assumes that the right to privacy 
is independent of the liberties guaranteed by Part Ill of the 
Constitution - There lies the error-The 

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