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Supreme Court · 2017 · (2017) 10 SCC 1

Justice K.S. Puttaswamy (Retd.) v. Union of India

W.P. (Civil) No. 494 of 2012

Parties: Justice K.S. Puttaswamy (Retd.) and another v. Union of India and others

Decision: 24 August 2017

Bench: J.S. Khehar CJI, J. Chelameswar J., S.A. Bobde J., R.K. Agrawal J., R.F. Nariman J., A.M. Sapre J., D.Y. Chandrachud J., S.K. Kaul J., S. Abdul Nazeer J.

Plain-language summary

A nine-judge Constitution Bench unanimously held that privacy is a fundamental right protected as part of liberty and dignity under the Constitution, including under Article 21 and the freedoms guaranteed by Part III.

Key holdings

  • Privacy is a constitutionally protected fundamental right.
  • Privacy includes bodily, informational and decisional autonomy.
  • The right is not absolute and restrictions require a valid legal basis and constitutional justification.
  • Earlier decisions denying a constitutional privacy right were overruled to that extent.

Official judgment

This summary is informational. Read and cite the court’s judgment for the authoritative text.

Supreme Court Reports — official judgment
constitutional lawarticle 21right to privacyfundamental rights