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LANDMARK CASE

K.S. Puttaswamy v. Union of India

(2017) 10 SCC 1 · Supreme Court of India · Constitutional law

At a glance

  • Citation: (2017) 10 SCC 1
  • Court: Supreme Court of India
  • Area of law: Constitutional law
  • In one line: A nine judge bench unanimously held privacy is a fundamental right, part of Article 21 and Part III, overruling M.P. Sharma and Kharak Singh on this point.

1 Facts

A retired judge challenged the Aadhaar scheme. The government argued there was no fundamental right to privacy, relying on older judgments.

2 Issue

Is privacy a fundamental right under the Constitution?

3 What the court decided

A nine judge bench unanimously held privacy is a fundamental right, part of Article 21 and Part III, overruling M.P. Sharma and Kharak Singh on this point.

4 Why it matters

It is the foundation of data protection law in India and later decisions on sexual orientation, adultery and surveillance.

5 Think about it

What three part test did the Court set for restricting privacy, and how would you apply it to a new app tracking students?

6 Analyse it yourself

Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.

How to analyse a judgmentHow to cite this case

7 More cases on Constitutional law

  • A.K. Gopalan v. State of Madras AIR 1950 SC 27
  • ADM Jabalpur v. Shivkant Shukla (1976) 2 SCC 521
  • Air India v. Nergesh Meerza (1981) 4 SCC 335
  • Ajay Hasia v. Khalid Mujib Sehravardi (1981) 1 SCC 722
  • Anuj Garg v. Hotel Association of India (2008) 3 SCC 1
  • Anuradha Bhasin v. Union of India (2020) 3 SCC 637

All 366 landmark cases · Today's Case of the Day · Weekly quiz

← K.M. Nanavati v. State of MaharashtraK.S. Puttaswamy v. Union of India (Aadhaar) →

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