Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) – Privacy as a Fundamental Right

The Puttaswamy judgment is a watershed in Indian constitutional law. For decades, the right to privacy was uncertain in India, often seen as a mere implied right rather than a guaranteed one. In 2017, a nine-judge Constitution Bench unanimously held that privacy is intrinsic to life and liberty under Article 21, thereby elevating it to the status of a fundamental right.

The case arose in the backdrop of challenges to Aadhaar, the biometric-based identification system. While the specific issue was Aadhaar’s constitutionality, the Court took a broader view, recognizing privacy as essential to human dignity, autonomy, and freedom. The ruling overturned earlier precedents that denied privacy as a fundamental right and aligned India with global constitutional traditions.

The judgment’s implications extend far beyond Aadhaar. It impacts data protection, surveillance, reproductive rights, and even digital governance. In today’s world, where personal data is constantly collected and processed, the Puttaswamy ruling serves as a constitutional safeguard against state and private encroachments on individual autonomy.

At Mullick & Co. Advocates, we see this case as one of the most progressive interpretations of Article 21. It underscores our belief that law must evolve with technology and society, ensuring that fundamental rights remain robust in the digital age.