Right to privacy is fundamental right-Supreme Court Constitution Bench Judgment

Right to privacy is fundamental right-Supreme Court Constitution Bench judgment.Right to privacy protected as an intrinsic part of the right to life and personal liberty under Article 21

Right to privacy is fundamental right-Supreme Court

The nine judges Constitution Bench has unanimously held that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21. The judgment has cast its shadows over the Aadhaar Card Scheme of the Government as it was alleged that Aadhaar violates the right to privacy.

Previously, a Bench of three judges of this Supreme Court, while considering the constitutional challenge to the Aadhaar card scheme of the Union government vide its order dated 11 August 2015 noted that the norms for and compilation of demographic biometric data by government was questioned on the ground that it violates the right to privacy.

The Attorney General of India had contended that the privacy is not a fundamental right in view of decisions in the case of M P Sharma  rendered by a Bench of eight judges and the second, in Kharak Singh which was rendered by a Bench of six judges.

The Bench that has delivered the historic judgment holding privacy as a fundamental right comprised of the following:

The Hon’ble Chief Justice Shri Justice Jagdish Singh Khehar,
Hon’ble Justice R K Agrawal,
Hon’ble Justice S Abdul Nazeer
Hon’ble Dr Justice D Y Chandrachud
Hon’ble Justice J Chelameswar
Hon’ble Justice S A Bobde
Hon’ble Justice Abhay Manohar Sapre
Hon’ble Justice Rohinton Fali Nariman and
Hon’ble Justice Sanjay Kishan Kaul

The judgment on behalf of the Hon’ble Chief Justice Shri Justice Jagdish Singh Khehar, Shri Justice R K Agrawal, Shri Justice S Abdul Nazeer and Dr Justice D Y Chandrachud was delivered by Dr Justice D Y Chandrachud. Shri Justice J Chelameswar, Shri Justice S A Bobde, Shri Justice Abhay Manohar Sapre, Shri Justice Rohinton Fali Nariman and Shri Justice Sanjay Kishan Kaul delivered separate judgments.

The reference has been disposed of in the following terms:

(i) The decision in M P Sharma which holds that the right to privacy is not protected by the Constitution stands over-ruled;

(ii) The decision in Kharak Singh to the extent that it holds that the right to privacy is not protected by the Constitution stands over-ruled;

(iii) The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.

(iv) Decisions subsequent to Kharak Singh which have enunciated the position in (iii) above lay down the correct position in law

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