Question
Download Solution PDFIn ________, the Supreme Court upheld the Right to Privacy under Article 21 of the Constitution of India
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Justice K.S. Puttaswamy (Retd.) Vs. Union of India and ors.
Key Points
- The Supreme Court of India, in the landmark Justice K.S. Puttaswamy (Retd.) v. Union of India case in 2017, recognized the Right to Privacy as a fundamental right under Article 21 of the Indian Constitution.
- A nine-judge bench unanimously ruled that privacy is integral to the right to life and personal liberty, overturning earlier judgments such as ADM Jabalpur v. Shivkant Shukla.
- The case was initiated in the context of challenges to the Aadhaar scheme, which raised concerns over data security and privacy.
- The judgment emphasized that the right to privacy is essential for ensuring dignity, autonomy, and freedom in a democratic society.
- It laid the foundation for a robust data protection framework and influenced the drafting of the Personal Data Protection Bill.
Additional Information
- Article 21 of the Constitution of India:
- Guarantees the right to life and personal liberty, stating that no person shall be deprived of life or liberty except according to the procedure established by law.
- Over the years, the interpretation of Article 21 has expanded to include rights such as the right to privacy, health, education, and a clean environment.
- ADM Jabalpur v. Shivkant Shukla Case:
- Known as the Habeas Corpus case, it was decided during the Emergency in 1976.
- The Supreme Court ruled that fundamental rights could be suspended during an emergency, a decision widely criticized and later overturned by the Puttaswamy judgment.
- Aadhaar and Privacy Concerns:
- The Aadhaar scheme, introduced to provide unique identification to residents, faced scrutiny over potential misuse of personal data.
- The Puttaswamy case addressed these concerns, leading to stricter data protection measures and accountability frameworks.
- Personal Data Protection Bill:
- Drafted in response to the Puttaswamy judgment, this bill aims to regulate the collection, storage, and processing of personal data in India.
- It emphasizes informed consent, data security, and privacy safeguards to protect individuals' rights.
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