• Former Karnataka High Court judge Justice K.S. Puttaswamy, who played a pivotal role in declaration of right to privacy as a fundamental right from the Supreme Court in 2017, passed away at his Bengaluru residence on October 27. He was 98.

• Justice Puttaswamy was the lead petitioner who had moved the Supreme  Court in 2012 challenging the constitutional validity of the Aadhaar scheme as being violative of the privacy right.

• The Aadhaar scheme subsequently received legislative sanction.

• In a landmark verdict in August 2017, a nine-judge bench through an unanimous verdict declared the right to privacy a fundamental right under Article 21 (protection of life and personal liberty) of the Constitution.

• It had underlined privacy to be “the constitutional core of human dignity”.

Who was Justice Puttaswamy?

• Born on February 8, 1926, Puttaswamy studied at Maharaja’s College, Mysore and obtained a law degree from Government Law College, Bengaluru.

• He was enrolled as an advocate in January 1952 and became the Karnataka High Court judge on November 28, 1977. 

• After retiring in 1986, Justice Puttaswamy continued to contribute to public service as the first vice-chairman of the Bengaluru bench of the Central Administrative Tribunal and as chairperson of the Andhra Pradesh Backward Classes Commission.

• In 2012, at the age of 86, he became one of the first litigants to challenge the Aadhaar scheme, which was initially launched by the UPA government. 

• His challenge prompted the Supreme Court to consider whether citizens have a fundamental right to privacy under the Constitution of India. 

• This inquiry led to the historic August 2017 decision in Justice K.S. Puttaswamy vs Union of India, where a nine-judge bench unanimously recognised the right to privacy as a fundamental right.

What is Right to Privacy?

• The Right to Privacy is a fundamental aspect of individual freedom, encompassing the right to make personal choices without interference. 

• Privacy is recognised as essential for the dignity and autonomy of individuals.

• In the landmark case of Justice K.S. Puttaswamy vs Union of India (2017), the Supreme Court of India articulated the significance of the right to privacy. 

The Court declared that:

• The Right to Privacy is a fundamental and inalienable right that is intrinsic to every individual.

• It covers all personal information about an individual and the choices they make regarding their personal life.

The right to privacy is protected under:

• Article 21 of the Constitution of India, which guarantees the right to life and personal liberty. 

• Part III of the Constitution, which enshrines various freedoms. 

Restrictions on the Right to Privacy

The Supreme Court outlined specific criteria under which the Right to Privacy can be restricted by State action:

• Legislative Mandate: The State action must be backed by a law enacted by the legislature. 

• Legitimate State Purpose: The action must serve a legitimate objective, such as public interest or national security. 

• Proportionality: The restriction must be proportionate. This means: 

The action should be necessary for achieving the intended purpose. It must be the least intrusive means available to accomplish the goal. 

(The author is a trainer for Civil Services aspirants.)