Model Answer
0 min readIntroduction
The Right to Privacy is a fundamental human right, encompassing an individual’s autonomy to make decisions about their personal information and bodily integrity without undue interference. Historically, Indian courts grappled with whether such a right was explicitly enshrined in the Constitution. The landmark judgment in *Justice K.S. Puttaswamy (Retd.) v. Union of India* (2017) decisively resolved this ambiguity. This case challenged the constitutional validity of Aadhaar, India’s biometric identification system, and fundamentally altered the landscape of privacy rights in India. It affirmed that privacy is a constitutionally protected right, intrinsically linked to life and personal liberty.
Historical Context & Pre-Puttaswamy Era
Prior to 2017, Indian courts had taken differing views on the right to privacy. The conflicting rulings in *Kesavananda Bharati v. State of Kerala* (1973) and *Maneka Gandhi v. Union of India* (1978) created uncertainty. While *Kesavananda Bharati* suggested a right to privacy, *Maneka Gandhi* seemed to limit it. The absence of explicit mention in the Constitution led to a lack of clarity and inconsistent application.
The Puttaswamy Judgment: A Watershed Moment
The *Puttaswamy* case involved a challenge to the Aadhaar scheme, arguing it violated the right to privacy. A nine-judge bench of the Supreme Court unanimously ruled that the right to privacy is a fundamental right protected under Article 21 of the Constitution. The court drew upon constitutional history, comparative jurisprudence (specifically, the US Bill of Rights and European Convention on Human Rights), and the concept of human dignity to reach this conclusion.
Reasoning and Key Findings
- Intrinsic Link to Article 21: The Court held that the right to privacy is an "essential and inextricable facet" of the right to life and personal liberty guaranteed by Article 21. Without privacy, individual autonomy and dignity are undermined.
- Constitutional History: The judgment emphasized the Constituent Assembly's intent to guarantee fundamental freedoms, implying a right to privacy even if not explicitly stated.
- Human Dignity: The Court recognized that privacy is crucial for maintaining human dignity and allowing individuals to flourish.
- Reasonable Expectation of Privacy: The judgment reaffirmed the concept of a "reasonable expectation of privacy," acknowledging that not all information is private.
Implications and Subsequent Developments
The *Puttaswamy* judgment has far-reaching implications for various aspects of Indian law and policy:
- Data Protection: It spurred discussions and efforts to develop a comprehensive data protection framework. The Personal Data Protection Bill (later withdrawn and replaced with the Digital Personal Data Protection Act, 2023) is a direct consequence of this judgment.
- Surveillance and Technology: The judgment necessitates stricter scrutiny of government surveillance programs and the use of technology that impacts privacy.
- Aadhaar Scheme: While upholding the Aadhaar Act, the Court imposed limitations, including the right to opt-out and restrictions on data sharing.
- Freedom of Expression: The right to privacy also impacts freedom of expression, as it protects the ability to communicate and receive information freely.
Balancing Privacy with Public Interest
The Court acknowledged that the right to privacy is not absolute and can be subject to reasonable restrictions in the interests of public order, national security, and the well-being of others. Any such restrictions must be proportionate and necessary.
| Aspect | Pre-Puttaswamy | Post-Puttaswamy |
|---|---|---|
| Right to Privacy | Unclear, conflicting views | Fundamental right under Article 21 |
| Legal Basis | Inferred, not explicitly stated | Explicitly recognized |
| Data Protection | Limited legal framework | Emphasis on comprehensive data protection laws |
Conclusion
The *Puttaswamy* judgment represents a monumental shift in Indian constitutional jurisprudence, unequivocally establishing the Right to Privacy as an intrinsic aspect of life and personal liberty under Article 21. This landmark decision has profound implications for individual freedoms, data protection, and the balance between individual rights and the interests of the state. Moving forward, the judiciary and legislature must work collaboratively to ensure that this right is effectively protected and balanced with other constitutional values, particularly in the context of rapidly evolving technologies.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.