Case Commentary – K.S. Puttaswamy (Retd) V. Union Of India

Sonali Sharma V, Thanush Trivikram N & Vijay Krishna S, BBA LLB (Hons.),School of Excellence in Law, Tamilnadu Dr. Ambedkar Law University

INTRODUCTION:

In an arena where one being surveilled digitally, every second personal information could be gained and could be sold upon. The Supreme Court’s judgment in K.S. Puttaswamy (Retd) v. Union of India (2017) represents a milestone towards privacy. The Judgment addresses the quarrel1; between personal freedom and the interest of the state with respect to digital arena. This decision comes at a time when the Indian government is under pressure regarding Aadhaar, a biometric system that promises to enhance healthcare and reduce fraud, but raises serious concerns about compromising privacy and enabling state surveillance.

Puttaswamy is the case that understood that privacy is a fundamental right under Article 21 of the Indian Constitution2. It deals with monitoring and data records along with answering to the questions on privacy laws in India. It was held that privacy is inherent in Right to life and personal liberty3 and must be guarded from excessive state intervention, regardless a person’s placement. The ruling made a paradigm shift in the Justice Reviving mechanism where privacy was not of a keen interest.

The decisions has made a profound impact due process of law, civil and personal rights, understanding the need for strict protections to ensure that personal information is not misused and that state laws are upheld.