VidhiSangh

Supreme Court of India · 24/08/2017

JUSTICE K S PUTTASWAMY (RETD.), AND ANR. versus UNION OF INDIA AND ORS.

[2017] 10 S.C.R. 569 · 2017 INSC 801

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

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

  1. Whether privacy is protected as a fundamental right by the Constitution.
  2. Whether the contrary statements in M.P. Sharma and Kharak Singh remained good law.

Held

Result

Reference disposed of by the unanimous declaration of constitutional protection for privacy and partial overruling of the contrary precedents.

Judgment PDF: Supreme Court of India, [2017] 10 S.C.R. 569.