Discuss about the ‘Puttaswamy Vs. Union of India’ case in detail and state why it is considered as the landmark decision in context of the Right to Privacy in India?

Q. Discuss about the ‘Puttaswamy Vs. Union of India’ case in detail and state why it is considered as the landmark decision in context of the Right to Privacy in India?  

The Puttaswamy vs. Union of India case is a landmark decision in the context of the Right to Privacy in India, marking a monumental shift in the legal understanding and recognition of privacy as a fundamental right. This judgment, delivered by a nine-judge bench of the Supreme Court of India on August 24, 2017, unequivocally declared that the Right to Privacy is a fundamental right under the Constitution of India. The case is often regarded as a watershed moment in the protection of individual liberties and rights in India, as it fundamentally altered the interpretation of privacy in Indian jurisprudence.

Background of the Case

The Puttaswamy case arose from the constitutional challenge to the Aadhaar Scheme, a biometric-based identification system launched by the Government of India in 2009. The Aadhaar project aimed to provide a unique identification number to every resident in India by collecting biometric and demographic data to ensure better service delivery. However, concerns were raised regarding the collection of personal data and its implications for individuals' privacy.

In 2012, retired Justice K.S. Puttaswamy, a former judge of the Karnataka High Court, filed a petition challenging the Aadhaar project, arguing that the collection of biometric and demographic data violated citizens' fundamental right to privacy. The petitioners contended that the Aadhaar project was unconstitutional because it infringed upon the Right to Privacy, which was not explicitly recognized as a fundamental right under the Indian Constitution at that time.

The main issue in the case was whether the Right to Privacy could be considered a fundamental right under Part III of the Constitution, which guarantees various fundamental rights to individuals, including the rights to life, liberty, and personal freedom under Article 21.

Procedural History

The case was initially filed in the Delhi High Court, which referred the matter to the Supreme Court of India due to the significant constitutional questions it raised. The case was consolidated with several petitions that challenged the Aadhaar scheme and the constitutional validity of provisions relating to it. During the hearings, the petitioners argued that the collection of personal data under the Aadhaar scheme was intrusive and violated the right to privacy, and that the government had failed to demonstrate the need for such a measure.

Initially, the Supreme Court did not directly address the constitutional question regarding the Right to Privacy, focusing more on the Aadhaar project and its potential implications for privacy and data protection. However, the larger issue of whether the Right to Privacy should be recognized as a fundamental right in India remained unresolved.

The Puttaswamy case took a decisive turn when, on July 16, 2017, a nine-judge bench of the Supreme Court of India was constituted to hear the constitutional question regarding the Right to Privacy. The case was placed before this larger bench to determine whether privacy was a fundamental right under the Constitution of India.

Legal and Constitutional Questions Raised

The central legal issue that the Puttaswamy case addressed was whether privacy could be considered a fundamental right within the framework of the Indian Constitution, particularly under Article 21, which guarantees the Right to Life and Personal Liberty. The petitioners argued that the Right to Privacy was an integral part of personal liberty and dignity, which was protected under Article 21.

The government, on the other hand, argued that privacy was not a fundamental right and that the Right to Privacy was a matter of legislative policy rather than a constitutional right. The government also contended that individual privacy must be balanced with national security concerns and that the state had the authority to legislate on issues related to privacy in the interest of public welfare.


The question of privacy had been considered in previous Supreme Court decisions, but the issue was not conclusively settled in those cases. In particular, in the M.P. Sharma vs. Satish Chandra case (1954) and the Kharak Singh vs. State of U.P. case (1963), the Supreme Court had held that the Right to Privacy was not explicitly protected under the Constitution.

However, these decisions were based on the prevailing legal framework at the time, and as societal and technological changes evolved, the right to privacy became increasingly important in the context of the modern state.

The Judgment: Declaration of Privacy as a Fundamental Right

On August 24, 2017, the Supreme Court delivered its judgment in the Puttaswamy case. The nine-judge bench, in a unanimous ruling, held that the Right to Privacy is a fundamental right protected by the Indian Constitution under Article 21. The judgment was based on a comprehensive analysis of constitutional history, principles of individual liberty, and the evolving understanding of privacy in modern society.

The Court referred to several constitutional provisions, international precedents, and earlier judgments to establish that privacy was an intrinsic part of personal liberty under Article 21, which guarantees the right to life and personal freedom. The Court stated that privacy is essential for the individual autonomy and dignity of every person and that the protection of privacy is a necessary condition for the freedom of expression, freedom of thought, and the right to make personal choices.

The Court also observed that the recognition of privacy as a fundamental right was not merely about protecting personal space but also concerned the protection of individuals' informational autonomy—the right to control their personal data, identity, and information.

The judgment explicitly referred to the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), which recognize privacy as a fundamental human right. It also examined the judicial approaches in other democratic countries, including United States, Germany, and Canada, where privacy had been recognized as a cornerstone of individual liberty and democratic freedoms.

The Court held that the Right to Privacy was not an absolute right and could be subject to reasonable restrictions in certain circumstances. These restrictions, the Court emphasized, must pass the proportionality test—they must be necessary, legitimate, and narrowly tailored to achieve a specific objective, such as national security, public order, or the protection of public health. The Court laid down the principle that any infringement on the right to privacy would have to be justified by a compelling state interest and must be backed by a clear legal framework.

Key Observations and Findings

The Puttaswamy judgment made several critical observations:

1.     Privacy and Dignity: The Court emphasized that privacy is integral to the dignity and autonomy of an individual. It is a foundational right that enables individuals to control their personal information, make personal decisions, and protect their freedom from unwarranted state interference.

2.     Right to Privacy and Fundamental Rights: The Court concluded that the Right to Privacy is a fundamental right under Article 21 of the Indian Constitution. It is also protected under the right to equality (Article 14) and freedom of speech and expression (Article 19).

3.     Historical Evolution of Privacy: The judgment traced the evolution of privacy protection in various legal systems and pointed out that privacy has always been a core value in democratic societies. The Court recognized that the evolution of technology and the advent of surveillance systems made privacy an even more pressing issue.

4.     Limits on Privacy: While recognizing privacy as a fundamental right, the Court noted that privacy could be subject to reasonable restrictions. It stated that the state could restrict the right to privacy for legitimate reasons such as national security, criminal investigation, or public health, but these restrictions must meet a strict scrutiny standard and must be proportional to the objective being pursued.

5.     Aadhaar and Privacy: The Court in this case did not directly rule on the validity of the Aadhaar scheme but recognized that privacy concerns raised by the project needed to be considered in a broader context. The judgment implied that the collection and processing of personal data under Aadhaar must meet strict privacy standards and must not violate citizens' fundamental rights.

6.     Informational Privacy: A major aspect of the judgment was its recognition of informational privacy—the right to control one's personal data. The Court acknowledged the importance of safeguarding individuals' personal information from unauthorized use, particularly in the digital age, where data has become a critical commodity.

Significance of the Judgment

The Puttaswamy case is considered a landmark decision for several reasons:

1.     Recognition of Privacy as a Fundamental Right: The case marked a definitive shift in Indian jurisprudence by establishing the Right to Privacy as a constitutional right under the Right to Life and Personal Liberty (Article 21). This decision fundamentally altered the legal landscape and provided citizens with a new legal tool to protect their personal privacy from state and non-state actors.

2.     Limitations on State Power: By recognizing privacy as a fundamental right, the judgment put in place a significant check on the power of the state to infringe upon individuals' privacy. It ensured that any governmental measure that infringed upon privacy would have to undergo strict judicial scrutiny.

3.     Informed Debate on Technology and Privacy: The judgment raised important questions about the relationship between technology, surveillance, and individual rights. It set the stage for the ongoing debate on data protection and cyber privacy, especially in the context of the growing use of biometric data and big data technologies.

4.     Impact on Legislative Action: The ruling had a direct impact on the Aadhaar case, as it provided a constitutional framework to evaluate the Aadhaar scheme's legality. The judgment also set the stage for the enactment of data protection laws in India, leading to the introduction of the Personal Data Protection Bill, 2019, which seeks to regulate the collection, storage, and use of personal data by entities in India.

5.     Global Impact: The recognition of privacy as a fundamental right in India is a significant development in global human rights discourse. It aligns India with other democratic nations that recognize privacy as essential to human dignity and freedom. It also provides a model for countries grappling with the challenges posed by technological advancements and the collection of personal data.

Conclusion

The Puttaswamy vs. Union of India case stands as a defining moment in the recognition of the Right to Privacy as a fundamental right in India. The judgment has profound implications not only for privacy protection but also for the larger framework of individual rights and freedoms. The Supreme Court's declaration that privacy is an inherent part of human dignity and autonomy, protected under the Constitution, has reshaped the legal landscape in India. It has empowered individuals to assert their right to privacy against invasive state measures and private sector practices, thereby strengthening the constitutional fabric of India. The case also paves the way 

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