Author: Charu Seth, Bharati Vidyapeeth New Law College, Pune
To the point
The Justice K.S. Puttaswamy case is super important. A nine-judge panel of India’s Supreme Court all agreed that privacy is a basic right under Article 21 of the Constitution. This changed how law is understood in India. It overturned old decisions saying privacy wasn’t a right and paved the way for better data protection and personal freedom, especially with how the government works now.
Use of legal Jargon
This case involves how the Constitution is understood, why decisions are made, how the government is kept in check, personal choice, figuring things out for yourself, basic morals, and making sure rules are fair.
The Court looked at how Articles 14, 19, and 21 work together. They said privacy is part of being a person and being free, so it fits under what’s called the Golden Triangle idea.
The Proof
Justice K.S. Puttaswamy (Retd.), who used to be a High Court judge, challenged the Aadhaar system, which uses your fingerprint and eye scan. He said that making people give their information like that went against their privacy and personal freedom. The Supreme Court had said before (in the M.P. Sharma and Kharak Singh cases) that privacy wasn’t a basic right, so this time they had nine judges look at it.
Abstract
Privacy is part of Article 21 – the Right to Life and Personal Freedom.
Privacy is key to being able to make your own choices, having control over your body, deciding things for yourself, and controlling your personal data. If the government wants to limit your privacy, it has to have a good reason, it has to be necessary, and it can’t go too far. The Court changed the old rulings that said privacy wasn’t protected.
Case laws
The Puttaswamy decision was a major change for law in India. It made it clear that privacy is a basic right. This ruling doesn’t just affect Aadhaar; it touches on things like surveillance, rights for LGBT people, making choices about your body, how the internet is run, and keeping your personal information safe. It makes people freer and makes sure the courts protect what’s right.
Sharma v. Satish Chandra
Held: Privacy isn’t a basic right. |
Kharak Singh v. State of U.P.
Held: Article 21 doesn’t protect privacy.
Navtej Singh Johar v. Union of India
Held: The choice of being a homosexual was not a crime; privacy and fairness ideas should be taken into consideration.
Joseph Shine v. Union of India
Held: Struck down the law against adultery because it went against personal choice of an individual.
Common Cause v. Union of India
Held: People have the right to die with dignity and can choose passive euthanasia.
Puttaswamy v. Union of India Upheld Aadhaar, but with rules and held that privacy needs to be balanced.
Conclusion
The Puttaswamy decision is a turning point. It said privacy is a basic right that can’t be taken away. It made personal freedom stronger, brought modern ideas about data protection to the law, and made sure the government can’t spy on people too much. It shows that freedoms have to keep up with changes in society and technology, so people can still live with respect.
FAQs
Q1. Why is the Puttaswamy case so important?
It officially made privacy a basic right under Article 21, which affects a lot of different laws and rules.
Q2. Can the Right to Privacy be limited?
Yes, but only if the government has a good reason, it’s really needed, and it doesn’t go too far.
Q3. Did the Court say Aadhaar was illegal?
No. In Puttaswamy, the Supreme Court said Aadhaar was okay but made rules about it and said private companies couldn’t force you to use it.
Q4. How did this case affect other cases?
It helped decide cases like Navtej Johar, Joseph Shine, and Common Cause, giving people more personal choice and fairness.
Q5. What areas does privacy affect today?
Keeping data safe, watching what happens online, online security, choices about having children, keeping medical information secret, and what you can say on the internet.
