In ________, the Supreme Court upheld the Right to Privacy under Article 21 of the Constitution of India

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  1. Sunil Batra v. Delhi Administration & Others 
  2. ADM Jabalpur v. Shivkant Shukla
  3. Justice K.S. Puttaswamy (retd.) Vs. Union of India and ors
  4. A.K.Gopalan VS. State of Madras 

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Option 3 : Justice K.S. Puttaswamy (retd.) Vs. Union of India and ors
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The 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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