Right to Privacy as a Fundamental Right
In Justice K.S. Puttaswamy v. Union of India (2017), a nine-judge Constitution Bench unanimously declared the right to privacy a fundamental right under Article 21 of the Constitution. The Court held that informational privacy (the ability of an individual to control the dissemination of personal information) forms a core component of the right to privacy. Any restriction on this right must satisfy the three-part test: (1) it must be backed by law, (2) it must serve a legitimate state aim, and (3) it must be proportionate to the objective sought.
- Justice K.S. Puttaswamy v. Union of India (2017): Nine-judge bench, right to privacy under Article 21
- Three-part proportionality test: legality, legitimate aim, proportionality
- Overruled M.P. Sharma v. Satish Chandra (1954) and Kharak Singh v. State of U.P. (1963) which had denied privacy as a fundamental right
- Article 21: Protection of life and personal liberty
● Tracked since February 18, 2026 · last seen August 13, 2026 · updates as the daily brief publishes
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