Right To Privacy Is A Fundamental Right : The Supreme Court of India

Right To Privacy Is A Fundamental Right: The Supreme Court of India

A big battle stands end on the issue of the right to privacy being a fundamental right.

The Supreme Court held that right to privacy is protected under Article 21 of the Constitution of India. A Nine -Judge Constitution Bench overruled the judgments in MP Sharma and Kharak Singh cases in a unanimous decision.

ORDER OF THE COURT :

The judgment on behalf of the Hon’ble Chief Justice Shri Justice Jagdish Singh Khehar, Shri Justice R K Agrawal, Shri Justice S Abdul Nazeer, Dr. Justice D Y Chandrachud was delivered by Dr. Justice D Y Chandrachud, Shri Justice J Chelameswar, Shri Justice S A Bobde, Shri Justice Abhay Manohar Sapre, Shri Justice Rohinton Fali Nariman and Shri Justice Sanjay Kishan Kaul delivered separate judgments.

The reference is disposed of in the following terms ;

• The decision in M P Sharma which holds that the right to privacy is not protected by the Constitution stands over-ruled;

• The decision in Kharak Singh to the extent that it holds that the right to    privacy is not protected by the Constitution stands over-ruled;

• The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.