In a landmark judgement, the 9 judge bench of the Hon’ble Supreme Court of India on 24th August, 2017 held that ‘Right to Privacy’ is a guaranteed fundamental right.
This bench of the Hon’ble Supreme Court was formed after a batch of petitions were filed questioning the constitutional validity of the Aadhaar scheme. Under the Aadhaar scheme, the state was collecting biometric data of the citizens which was claimed to be a violation of the right to privacy of the citizens, therefore the question that was to be answered was whether right to privacy of the citizens was being violated or not? In order to answer this question, this 9 judge bench was formed whose primary objective was to check the correctness of the judgements delivered by the Hon’ble Supreme Court in M.P Sharma vs. Satish Chandra, District Magistrate, Delhi (AIR 1954 SC 300) and Kharak Singh vs. State of U.P & Ors. (AIR 1963 SC 1295) which held that right to privacy was not a guaranteed fundamental right under the Indian Constitution.
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