Politics

Right to Privacy in India: Puttaswamy Case Explained

On 24 August 2017 a nine-judge Supreme Court bench in Justice K.S. Puttaswamy (Retd.) v. Union of India unanimously held that privacy is a fundamental right un…

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Pending

DPDP Act challenged in court

Petitions challenge parts of the DPDP Act, including its change to the RTI Act. The Supreme Court declined to stay the law without hearing the Centre and listed it for 1…

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DPDP Rules

Data law starts in phases

Only partly. Board provisions began on 13 November 2025, consent managers start on 13 November 2026, and the main duties on companies on 13 May 2027.

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Electoral bonds

Donor privacy vs right to know

The Court accepted that political affiliation is private information, but voters' right to know about political funding prevailed and the scheme was struck down.

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Pegasus

No free pass for surveillance

Citing Puttaswamy, the Court refused to accept a blanket national-security defence and appointed an independent technical committee.

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Joseph Shine

Adultery no longer a crime

Section 497 IPC was struck down. Several opinions relied on Puttaswamy's idea of sexual autonomy and decisional privacy.

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Aadhaar

Upheld, but limited

No. The Aadhaar Act was upheld 4-1, but private use under Section 57 and mandatory bank and mobile linking were struck down.

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Navtej

Section 377 read down

Consensual same-sex relations between adults were decriminalised. The judges drew on Puttaswamy's view of sexual orientation as part of privacy.

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Verdict

Privacy is a fundamental right

A nine-judge bench unanimously held privacy to be a fundamental right under Article 21 and Part III. Restrictions must pass legality, legitimate aim and proportionality.

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Before

Two rulings that denied it

M.P. Sharma (1954, eight judges) and Kharak Singh (18 December 1962, six judges) had denied privacy constitutional status. Only a larger bench could overrule them.

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