Case Commentary On Justice K.S. Puttaswamy And Anr. Vs. Union Of India And Ors. 2018

Brijesh Sharma, Prashant Kumar Yadav & Mudra Singh, (Assistant Professor, Amity Law School, Amity University, Lucknow, Uttar Pradesh.

ABSTRACT

The K.S. Puttaswamy judgement, which was handed down by the Supreme Court of India in 2017, was a precedent-setting decision. In this case, the constitutional legitimacy of the biometric identification system known as Aadhaar, which had been deployed by the government of India, was challenged. The decision, which was reached by a panel of nine judges, upheld the constitutionality of the right to privacy as a basic component of the Indian Constitution.

Due to the fact that the right to one's privacy is not specifically mentioned in the Constitution of India, the court had to reach a judgement regarding whether or not this right is inherent in the document. The court came to the conclusion that the right to one's own privacy is a fundamental right that is inextricably linked to one's liberty and dignity. The ruling noted that the right to privacy is vital for the protection of other rights, such as the freedom to speak one's mind, express one's thoughts, and express one's self in various ways. It acknowledged that the right to privacy is not an absolute right and that the state may place limitations on it; nevertheless, any such limitations must be proportionate and fair.

The issue of Aadhaar was also addressed in the judgement, which compelled citizens to link their biometric data to a variety of services provided by the government. The court decided that Aadhaar was constitutionally sound, but it could only be used for a limited number of applications, such as the dispersal of social benefits and government subsidies. The court reiterated that the government is responsible for ensuring the safety of Aadhaar data and preventing its misuse in any manner.