Understanding the Right to Privacy: A Landmark Constitutional Evolution

Introduction

The unanimous nine-judge bench decision in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) declared privacy a fundamental right under Article 21 of the Indian Constitution, overruling earlier decisions in M.P. Sharma (1954) and Kharak Singh (1964).

Key Holdings

The court held that privacy is intrinsic to life and liberty and forms the core of the right to dignity. The judgment identified three aspects of privacy: (1) spatial privacy, (2) decisional autonomy, and (3) informational privacy.

Impact on Subsequent Jurisprudence

This ruling has since influenced judgments on Aadhaar, same-sex relations (Navtej Singh Johar), and most recently, the Digital Personal Data Protection Act, 2023.