1. Right to Privacy: Puttaswamy Judgment
The landmark judgment in Justice K.S. Puttaswamy (Retd.) v. Union of India marked a transformative moment in Indian constitutional law by recognizing the right to privacy as an integral component of the right to life and personal liberty under Article 21. This decision emerged in response to growing concerns over the state’s increasing reliance on data collection, surveillance, and potential intrusions into personal spaces. Delivered by a nine-judge bench of the Supreme Court, the ruling unanimously affirmed that privacy is not merely a statutory right but a fundamental right that ensures individual dignity, autonomy, and freedom.[1]
1.1 Background of the Case
The case originated when Justice K.S. Puttaswamy, a retired High Court judge, filed a petition challenging the constitutional validity of the Aadhaar scheme. The petitioner contended that the Aadhaar scheme’s mandatory biometric data collection infringed upon citizens’ right to privacy. The Union government, however, argued that since the right to privacy had never been expressly recognized as a fundamental right, no such violation could be claimed.
This contention drew heavily from two earlier Supreme Court rulings — M.P. Sharma v. Satish Chandra and Kharak Singh v. State of U.P. — where the Court had denied privacy the status of a fundamental right. The Union government relied on these precedents to assert that privacy was not independently protected under the Indian Constitution. Consequently, the question before the Supreme Court was whether privacy could be interpreted as an inherent part of Article 21.[2]
1.2 The Judgment and Key Observations
In its historic ruling, the Supreme Court emphatically declared that the right to privacy is intrinsic to the right to life and is essential for safeguarding individual dignity, autonomy, and liberty. The judgment identified several key aspects of privacy that deserve protection:
Bodily Autonomy: The Court recognized an individual’s right to control their body, which extends to personal health decisions, sexual autonomy, and reproductive rights.
Informational Privacy: The judgment highlighted the need to protect individuals from unauthorized access to their personal information, especially in the digital age where data breaches and surveillance pose significant risks.
Decisional Autonomy: The Court affirmed that individuals have the right to make personal decisions regarding intimate matters such as marriage, procreation, and lifestyle without state interference.
The judgment introduced the three-fold test for determining the legitimacy of privacy infringements. For any state action restricting privacy to be valid, it must satisfy the following conditions:
Legality: The infringement must be backed by a valid law.
Necessity: The measure must pursue a legitimate state aim.
Proportionality: The restriction must be proportionate to the objective it seeks to achieve, ensuring minimal intrusion.[3]
By establishing these principles, the Court set a higher standard for government actions that encroach upon citizens’ personal freedoms. Justice D.Y. Chandrachud, in his detailed opinion, emphasized that the right to privacy is inseparable from human dignity and that personal freedom cannot be fragmented or limited by outdated interpretations of constitutional rights.
1.3 Impact on Indian Jurisprudence
The Puttaswamy judgment significantly influenced Indian constitutional and human rights discourse. Its impact extended across several domains:
Data Protection and Digital Privacy: The judgment catalyzed the demand for comprehensive legislation to safeguard personal data. The Court underscored the importance of creating strong data protection frameworks to prevent misuse of personal information.
LGBTQ+ Rights and Personal Liberty: The recognition of privacy as a constitutional right played a pivotal role in subsequent rulings, such as the Navtej Singh Johar v. Union of India judgment, which decriminalized same-sex relationships by reading down Section 377 of the IPC.
Reproductive Rights and Bodily Autonomy: The judgment reinforced an individual’s right to make autonomous decisions regarding their body, thereby strengthening reproductive rights and healthcare freedom.
Moreover, the ruling had a significant bearing on surveillance laws, compelling authorities to ensure that data collection practices adhere to the three-fold test for privacy protection.
1.4 Significance in the Digital Age
In an increasingly digital society, the Puttaswamy judgment established critical safeguards for individual rights against intrusive technologies. The judgment recognized that emerging tools such as Big Data, Artificial Intelligence, and biometric surveillance pose unprecedented risks to privacy. By emphasizing informational privacy, the Court acknowledged that digital footprints, online behavior, and personal data must be protected from unauthorized access and exploitation.
The ruling also spurred discussions on the need for a dedicated Data Protection Law in India. The subsequent enactment of the Digital Personal Data Protection Act, 2023 reflects the Supreme Court’s guidance in ensuring citizens’ data is handled with consent-driven frameworks and transparent policies.
The Puttaswamy judgment reaffirmed the Indian judiciary’s evolving commitment to protecting constitutional liberties in changing social, political, and technological landscapes. By embedding the right to privacy within Article 21, the Supreme Court safeguarded citizens against emerging threats to autonomy and dignity. This landmark ruling not only extended the scope of Article 21 but also reaffirmed India’s constitutional ethos — one that prioritizes individual freedoms while balancing the state’s regulatory powers.
[1] H.M. Seervai, Constitutional Law of India: A Critical Commentary, 4th ed. (Universal Law Publishing 2015).
[2] M.P. Jain, Indian Constitutional Law, 8th ed. (LexisNexis 2018).
[3] Granville Austin, The Indian Constitution: Cornerstone of a Nation (Oxford University Press 1999).