Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
the right to privacy.
374. I do not think that anybody in this country would like to have the officers of the State intruding
into their homes or private property at will or soldiers quartered in their houses without their
consent. I do not think that anybody would like to be told by the State as to what they should eat or
how they should dress or whom they should be associated with either in their personal, social or
political life. Freedom of social and political association is guaranteed to citizens under Article
19(1)(c). Personal association is still a doubtful area. [The High Court of A.P. held that Article 19(1)
(c) would take within its sweep the matrimonial association in T. Sareetha v. T. Venkata Subbaiah,
1983 SCC OnLine AP 90 : AIR 1983 AP 356. However, this case was later overruled by this Court in
Saroj Rani v. Sudarshan Kumar Chadha, (1984) 4 SCC 90 : AIR 1984 SC 1562.] The decision-making
process regarding the freedom of association, freedoms of travel and residence are purely private
and fall within the realm of the right to privacy. It is one of the most intimate decisions.
375. All liberal democracies believe that the State should not have unqualified authority to intrude
into certain aspects of human life and that the authority should be limited by parameters
constitutionally fixed. Fundamental rights are the only constitutional firewall to prevent State's
interference with those core freedoms constituting liberty of a human being. The right to privacy is
certainly one of the core freedoms which is to be defended. It is part of liberty within the meaning of
that expression in Article 21.
376. I am in complete agreement with the conclusions recorded by my learned Brothers in this
regard.
(iii) Privacy is intrinsic to freedom, liberty and dignity: The right to privacy is inherent to the
liberties guaranteed by Part-III of the Constitution and privacy is an element of human dignity. The
fundamental right to privacy derives from Part-III of the Constitution and recognition of this right
does not require a constitutional amendment. Privacy is more than merely a derivative
constitutional right. It is the necessary basis of rights guaranteed in the text of the Constitution.
Discussion in this behalf is captured in the following passages:
Dr. D.Y. Chandrachud, J. :
127. The submission that recognising the right to privacy is an exercise which would
require a constitutional amendment and cannot be a matter of judicial interpretation
is not an acceptable doctrinal position. The argument assumes that the right to
privacy is independent of the liberties guaranteed by Part III of the Constitution.
There lies the error. The right to privacy is an element of human dignity. The sanctity
of privacy lies in its functional relationship with dignity. Privacy ensures that a
human being can lead a life of dignity by securing the inner recesses of the human
personality from unwanted intrusion. Privacy recognises the autonomy of the
individual and the right of every person to make essential choices which affect the
course of life. In doing so privacy recognises that living a life of dignity is essential for
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