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AADHAAR TO DIGITAL PRIVACY: THE ENDURING LEGACY OF THE K.S. PUTTASWAMY VERDICT

  • Unique Paper ID: 176755
  • Volume: 11
  • Issue: 11
  • PageNo: 7158-7165
  • Abstract:
  • The right to privacy is not a mere privilege granted at the discretion of the state, it is the very essence of human dignity, personal autonomy, and constitutional liberty. This article sheds light on the resounding verdict delivered by the nine-judge bench, led by then Chief Justice JS Khehar, recognizing privacy as a fundamental right under Article 21 of the Indian Constitution, spanning 547 pages, the judgment meticulously examined the legal and philosophical underpinnings of privacy, engaging with global jurisprudence and historical precedents to reach its decisive conclusion. The Supreme Court of India’s landmark judgment on August 24, 2017, solidified this very notion, reaffirming that the right to privacy is intrinsic to human dignity and liberty. This article further delves into the arguments made in respect to the subject matter by luminary personalities like Justice KS Puttaswamy (Retd.), a former Karnataka High Court Judge, were some of India's finest legal minds, including Anand Grover, Meenakshi Arora, Kapil Sibal, Gopal Subramanium, and others. Their arguments underscored the growing concerns over state surveillance, data protection, and the invasive nature of the Aadhaar scheme, which sought to make biometric identification mandatory for accessing welfare benefits. This article extensively focuses on the judgment which referred to international legal frameworks, including jurisprudence from the United States, the United Kingdom, South Africa, and the European Union, acknowledging privacy's multidimensional nature spatial, informational, and decisional. The ruling dismantled earlier precedents which had denied the constitutional status of privacy, and instead reaffirmed privacy as an inalienable right deeply embedded in the fabric of personal liberty. Beyond Aadhaar, the verdict had far-reaching implications for data protection, surveillance laws, and digital rights in India. In light of this, the Digital Personal Data Protection Act, 2023, emerges as a crucial legislative framework aimed at regulating data collection, ensuring user consent, and safeguarding personal information from misuse by both state and private entities. This article explores the significance of the judgment, its impact on fundamental rights jurisprudence in India, and the evolving landscape of digital privacy in the post-verdict era, with a critical examination of the Digital Personal Data Protection Act, 2023.
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Cite This Article

  • ISSN: 2349-6002
  • Volume: 11
  • Issue: 11
  • PageNo: 7158-7165

AADHAAR TO DIGITAL PRIVACY: THE ENDURING LEGACY OF THE K.S. PUTTASWAMY VERDICT

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Impact Factor
8.01 (Year 2024)
UGC Approved
Journal no 47859

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