In a momentous judgment delivered in the case of K. S Puttaswamy (Retd.)
& Anr. v. Union of India & Ors. [Writ Petition (Civil) No. 494 of 2012]
today, the Supreme Court of India affirmed that citizens have a
fundamental right to privacy. The nine-judge Constitution bench
comprising Chief Justice of India (CJI) J.S Khehar, and Justices D.Y.
Chandrachud, J. Chelameshwar, S.A. Bobde, A. Nazeer, R.K. Agrawal, R.F.
Nariman, A.M. Sapre, and S.K. Kaul, held in a unanimous decision that
Right to Privacy is protected as an intrinsic part of Right to Life and
Personal Liberty under Article 21 of the Constitution and other freedoms
guaranteed under Part III of the Constitution.
SFLC.in Board members were petitioners in this historic case.
The nine-judge Bench was tasked with answering the specific question of
whether the previous Supreme Court judgments in M.P. Sharma v. Satish
Chandra [AIR 1954 SC 300] (an eight-judge Bench) and Kharak Singh v.
State of Uttar Pradesh [AIR 1963 SC 1295] (a six-judge Bench) were
correct in holding that the Constitution of India does not envisage a
fundamental right to privacy.
--
Warm Regards
Mishi Choudhary, Esq.
Legal Director
Software Freedom Law Center
1995 Broadway Floor 17| New York, NY-10023
Direct: +1-212-461-1912| Main: +1-212-461-1900| Fax: +1-212-580-0898
http://softwarefreedom.org/
President and Founding Director
SFLC.IN
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http://sflc.in/ | https://internetshutdowns.in
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