Privacy a fundamental right: SC

The judges have upheld that privacy is protected under Article 21 and Part 3 of the constitution.

GN Bureau | August 24, 2017


#fundamental right   #privacy   #Supreme Court   #Aadhaar  
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 A nine judge constitutional bench of the Supreme Court has unanimously upheld that privacy is a fundamental right protected under the constitution. 

The judges have upheld that privacy is protected under constitution’s Article 21 and Part 3, which deal with fundamental rights.
 
 
Chief Justice of India JS Khehar overruled both MP Sharma and Kharak Singh judgements of the apex court, which said that privacy is not a fundamental right and was cited by the government in its argument.
 
“All judgments that proceeded on the basis that privacy is a FR are correct. Privacy is a guranteed FR. Bench rises,” tweeted  @prasanna_s, a lawyer assisting the petitioners at the SC. 
 
The chief justice's courtroom was packed, the lawyer tweeted.
 
 
The nine judge bench was constituted in August 2015 following a reference made in the Aadhaar/UID case (Puttuswamy & Anr WP Civil No. 494 of 2012). 
 
The bench comprised Chief Justice Khehar, Justices Jasti Chelameswar, SA Bobde, RK Agarwal, Rohinton Nariman, AM Sapre, DY Chandrachud, SK Kaul and S Abdul Nazeer.
 

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