K.S. Puttaswamy v. Union of India
Privacy is a fundamental right.
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A unanimous nine-judge bench held privacy is protected under Article 21 and Part III as a whole.
Quick recall
- What did Puttaswamy (2017) hold?
- Privacy is a fundamental right.
- How large was the bench?
- Nine judges, unanimous.
- Which earlier cases did it overrule on privacy?
- M.P. Sharma (1954) and Kharak Singh (1962).
- What test applies to limits on privacy?
- Legality, legitimate aim and proportionality.
- Which later case examined Aadhaar?
- Puttaswamy (Aadhaar), 2018, which upheld Aadhaar with limits.
- Which law followed the ruling's call for data protection?
- The Digital Personal Data Protection Act, 2023.
Asked before in UPSC
Recurring theme: Right to privacy as part of Article 21 and its expanding applications
Puttaswamy linked privacy to identity and autonomy, the basis for assessing changes to transgender self-identification.
Puttaswamy is the authority for privacy being intrinsic to Article 21, which the question asks you to apply to DNA testing.
This question was set on the Puttaswamy verdict itself, asking how privacy reshapes the scope of Part III.
Asks which Article the Supreme Court placed privacy under, the core Puttaswamy fact.
A direct recall question on the Article that protects privacy after Puttaswamy.
Directly tests the Puttaswamy holding that privacy flows from Article 21 and Part III freedoms.
The basics
Why it matters
In 2017, a unanimous nine-judge bench held that privacy is a fundamental right. The ruling shapes laws on data protection, Aadhaar, surveillance and personal choices.
What privacy covers
The Court described several aspects of privacy.
- 1Bodily privacyControl over one's body
- 2Informational privacyControl over personal data
- 3Decisional autonomyFreedom to make personal choices
- 4Spatial privacyHome and personal space
The test for limits
Privacy is not absolute; restrictions must pass a test.
- 1LegalityThere must be a law.
- 2Legitimate aimA valid State purpose.
- 3ProportionalityThe measure must be necessary and the least intrusive.
- 4SafeguardsProcedural protections against abuse.
You now know
- Privacy is a fundamental right under Article 21 and Part III.
- The nine-judge bench was unanimous (2017).
- It overruled M.P. Sharma (1954) and Kharak Singh (1962) on privacy.
- Restrictions must satisfy legality, legitimate aim and proportionality.
Go deeper
In one line: Puttaswamy made privacy a fundamental right and set the test for when the State can limit it.
Why it matters for UPSC
It underpins debates on data protection, surveillance, Aadhaar and personal freedoms.
The core idea
Privacy protects a zone where individuals make choices free from State interference. Limits must pass the Proportionality test. The ruling led to India's Data protection law.
Where to go next
- Proportionality test: How courts judge limits on rights
- Data protection law: India's DPDP Act, 2023
In one line: Privacy is now the lens for nearly every question about data and personal autonomy.
Later uses
Aadhaar (2018), Navtej Johar (2018) on sexual orientation, Joseph Shine (2018) on adultery, and debates on surveillance.
Data protection
The Srikrishna Committee led to the Data protection law of 2023.
Criticism
Exemptions for the State under data law and weak surveillance oversight. The Proportionality test is the key yardstick.
Where to go next
- Proportionality test: How courts judge limits on rights
- Data protection law: India's DPDP Act, 2023
Proportionality test
How courts judge limits on rights
In one line: The proportionality test checks whether a restriction on a right is justified.
Steps
Legitimate aim, suitability, necessity (least restrictive means) and balancing.
Use
Applied to privacy, speech and other rights in India since Puttaswamy.
Where to go next
- Data protection law: India's DPDP Act, 2023
Data protection law
India's DPDP Act, 2023
In one line: India's Digital Personal Data Protection Act, 2023 governs how personal data is collected and used.
Features
Consent, rights of individuals, duties of data fiduciaries and a Data Protection Board.
Background
It followed the Srikrishna Committee and the Puttaswamy judgment.
Where to go next
- Proportionality test: How courts judge limits on rights
Prelims-style quiz
The right to privacy was declared a fundamental right in:
- 2015
- 2017
- 2019
- 2012
Show answer
Answer: (b) 2017. On 24 August 2017.
Consider the following:
1. The Puttaswamy judgment was unanimous.
2. It held privacy is an absolute right.
Which of the statements given above is/are correct?- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: (a) 1 only. Privacy can be restricted through a proportionate law.
Which earlier case denied a fundamental right to privacy?
- Vishaka
- Olga Tellis
- Maneka Gandhi
- Kharak Singh
Show answer
Answer: (d) Kharak Singh. M.P. Sharma and Kharak Singh were overruled on this point.
The Aadhaar Act was upheld with limits in:
- 2020
- 2023
- 2018
- 2016
Show answer
Answer: (c) 2018. In 2018, with Section 57 struck down.