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Home Landmark Judgments Fundamental Rights & Personal Liberty
2017

Justice K.S. Puttaswamy v. Union of India

(2017) 10 SCC 1 · 9-judge bench (unanimous)

The Facts

Challenges to the Aadhaar biometric-ID scheme raised a foundational question the Court had never definitively settled: is there a fundamental right to privacy under the Constitution at all?

The Holding

A unanimous 9-judge bench held that the right to privacy is a fundamental right, protected as an intrinsic part of the right to life and personal liberty under Article 21, and as part of the freedoms guaranteed by Part III generally.

This is the constitutional foundation later relied on in the decriminalisation of homosexuality (Navtej Johar) and the transgender self-identification ruling (NALSA had already touched on dignity, but Puttaswamy made privacy itself explicit) — one ruling that reshaped multiple areas of personal-autonomy law.

Cross-References

Related law

Art. 21

The core right this privacy protection was read into