Summary
A nine-Judge Bench unanimously recognised privacy as a fundamental constitutional right, intrinsic to life and personal liberty under Article 21 and to the freedoms in Part III. The common order overruled the contrary position in M.P. Sharma and Kharak Singh and affirmed subsequent decisions recognising constitutional privacy. This headnote records the common reference disposition rather than treating every proposition in the six opinions as a unanimous holding.
Issues
- Whether privacy is protected as a fundamental right by the Constitution.
- Whether the contrary statements in M.P. Sharma and Kharak Singh remained good law.
Held
- Privacy is protected as an intrinsic part of life and personal liberty under Article 21 and as part of the freedoms guaranteed by Part III. (¶ Order of the Court, 2(iii))
- M.P. Sharma was overruled insofar as it held that the Constitution did not protect privacy. Kharak Singh was overruled to that same extent. (¶ Order of the Court, 2(i)–(ii))
- Subsequent decisions enunciating constitutional protection of privacy laid down the correct position in law. The Bench answered the referred constitutional issue through its common order, with six separately delivered opinions. (¶ Order of the Court, 1–2(iv))
Result
Reference disposed of by the unanimous declaration of constitutional protection for privacy and partial overruling of the contrary precedents.