1. What is the K.S. Puttaswamy vs. Union of India Case all about?
The K.S. Puttaswamy vs. Union of India case in 2017 is a landmark judgement that addressed the issue of the right to privacy as a fundamental right under the Indian Constitution. The case examined whether the right to privacy is protected under Part III of the Constitution and its implications for various laws and government actions, including the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
2. Facts of the K.S. Puttaswamy vs. Union of India Case Relevant for UPSC
- Parties Involved:
- K.S. Puttaswamy and others (petitioners)
- Union of India and others (respondents)
- Legal Questions:
- Whether the right to privacy is a fundamental right under the Indian Constitution.
- The implications of recognizing the right to privacy for the Aadhaar project and other government actions involving data collection and surveillance.
- Noteworthy Events:
- K.S. Puttaswamy, a retired judge, filed a petition challenging the constitutional validity of the Aadhaar scheme on the grounds that it violated the right to privacy.
- The case was referred to a nine-judge bench of the Supreme Court to determine whether the right to privacy is a fundamental right under the Constitution.
3. What are the Major Judgements/Changes Brought by K.S. Puttaswamy vs. Union of India Case?
The Supreme Court delivered a landmark judgement that recognized the right to privacy as a fundamental right:
- The Court unanimously held that the right to privacy is a fundamental right protected under Part III of the Constitution. It ruled that the right to privacy is intrinsic to the right to life and personal liberty under Article 21 and is also protected under Articles 14 (Right to Equality) and 19 (Freedom of Speech and Expression).
- The judgement stated that any infringement on the right to privacy must meet the threefold requirement of legality, necessity, and proportionality. This means that any law or government action infringing on privacy must be backed by law, serve a legitimate aim, and be proportionate to the objective sought to be achieved.
- The Court emphasized that privacy encompasses various aspects, including bodily autonomy, personal data protection, and the right to make choices regarding intimate and personal matters.
4. What was the Impact of K.S. Puttaswamy vs. Union of India Case on Indian Constitution?
- Recognition of Right to Privacy: The judgement firmly established the right to privacy as a fundamental right, providing robust protection against arbitrary state actions and ensuring that individuals’ personal autonomy is respected.
- Guidelines for Infringement: It laid down guidelines for any law or government action that seeks to infringe upon the right to privacy, ensuring that such actions are subject to strict scrutiny and meet the requirements of legality, necessity, and proportionality.
- Impact on Data Protection and Surveillance: The ruling had significant implications for data protection laws and surveillance measures, prompting the need for comprehensive legislation to protect personal data and regulate state surveillance.
5. Was this K.S. Puttaswamy vs. Union of India Case Challenged/Reversed in Future?
The principles established in the K.S. Puttaswamy case have not been challenged or reversed. The judgement remains a cornerstone in the protection of privacy rights in India and continues to influence legal and policy discussions on data protection, surveillance, and personal autonomy.
6. Doctrines/Theories/New Concepts
- Doctrine of Privacy as a Fundamental Right: The case introduced the principle that the right to privacy is intrinsic to the right to life and personal liberty under Article 21 and is also protected under Articles 14 and 19.
- Threefold Requirement for Infringement: The judgement established the threefold requirement of legality, necessity, and proportionality for any law or government action infringing on the right to privacy, ensuring that such actions are subject to strict scrutiny.
- Comprehensive Privacy Protection: The ruling recognized privacy as encompassing various aspects, including bodily autonomy, personal data protection, and the right to make choices regarding intimate and personal matters, providing comprehensive protection for individual privacy rights.