JUSTICE K. S. PUTTASWAMY (RETD.) versus UNION OF INDIA & ORS.

Citation: [2018] 8 S.C.R. 1 · Decided: 26-09-2018 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Disposed off

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Judgment (excerpt)

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JUSTICE K. S. PUTTASWAMY (RETD.) v. UNION OF INDIA
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[2018] 8 S.C.R. 1
JUSTICE K. S. PUTTASWAMY (RETD.) & ANR.
v.
UNION OF INDIA & ORS.
(Writ Petition (Civil) No. 494 of 2012)
SEPTEMBER 26, 2018
 [DIPAK MISRA, CJI, A. K. SIKRI, A. M. KHANWILKAR,
DR. D. Y. CHANDRACHUD AND ASHOK BHUSHAN, JJ.]
Aadhaar (Targeted Delivery of Financial and other Subsidies,
benefits and services) Act, 2016: s.7 – Whether the Aadhaar Act
violates right to privacy and is unconstitutional on this ground and
whether invasion into right to privacy meets the three fold test as
laid down in Puttaswamy case – Held:  Enrolment in Aadhaar
assumes the character of compulsory enrolment for those who want
to avail the benefits under s.7 – Likewise, authentication, as
mentioned in s.8, also becomes imperative – The Parliament has
now passed Aadhaar Act, 2016 – Therefore, law on the subject in
the form of a statute very much governs the field and, thus, first
requirement laid down in Puttaswamy case i.e. requirement of law
stands satisfied – Aadhaar Act serves legitimate state aim and thus
fulfills the second requirement also – In the Statement of Objects
and Reasons, it is inter alia mentioned that though number of social
benefits schemes have been floated by the Government, the failure
to establish identity of an individual has proved to be a major
hindrance for successful implementation of those programmes as it
was becoming difficult to ensure that subsidies, benefits and services
reach the intended beneficiaries in the absence of a credible system
to authenticate identity of beneficiaries – The rationale behind s.7
lies in ensuring targeted delivery of services, benefits and subsidies
which are funded from the Consolidated Fund of India –  In discharge
of its solemn Constitutional obligation to enliven the Fundamental
Rights of life and personal liberty (Art.21) to ensure Justice, Social,
Political and Economic and to eliminate inequality (Art.14) with a
view to ameliorate the lot of the poor and the Dalits, the Central
Government has launched several welfare schemes – These schemes
involved 3% of the GDP and a huge amount of public money –
Right to receive these benefits, from the point of view of those who
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SUPREME COURT REPORTS
[2018] 8 S.C.R.
deserve the same, has now attained the status of fundamental right
based on the same concept of human dignity – The Constitution
does not exist for a few or minority of the people of India, but “We
the people” – The goals set out in the Preamble of the Constitution
are predominantly or at least equally geared to “secure to all its
citizens”, especially, to the downtrodden, poor and exploited,
justice, liberty, equality and “to promote” fraternity assuring dignity
– Aadhaar Act meets the test of proportionality as the following
components of proportionality stand satisfied – A measure restricting
a right must have a legitimate goal (legitimate goal stage) – It must
be a suitable means of furthering this goal (suitability or rationale
connection stage) – There must not be any less restrictive but equally
effective alternative (necessity stage) – The measure must not have
a disproportionate impact on the right holder (balancing stage).
(Majority Opinion)
Aadhaar (Targeted Delivery of Financial and other Subsidies,
benefits and services) Act, 2016:  Whether Aadhaar Act strikes a
fair balance between the two fundamental rights, right to privacy
on the one hand and right to food, shelter and employment on the
other hand –  Held: Axiomatically both the rights are founded on
human dignity – At the same time, in the given context, two facets
are in conflict with each other – As the information collected at the
time of enrolment as well as authentication is minimal, balancing at
the first level is met – Insofar as second level, namely, balancing of
two competing fundamental rights is concerned, namely, dignity in
the form of autonomy (informational privacy) and dignity in the
form of assuring better living standards of the same individual,
balancing at the second level is also met – Enrolment in Aadhaar of
the unprivileged and marginalised section of the society, in order to
avail the fruits of welfare schemes of the Government, actually
amounts to empowering these persons – On the one hand, it gives
such individuals their unique identity and, on the other hand, it
also enables such individuals to avail the fruits of welfare schemes
of the Government which are floated as socio-econom

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