In a landmark verdict, a nine-judge Constitution bench of the Supreme Court unanimously held that the right to privacy is a fundamental right and is protected by Article 21 and Part 3 of the Constitution. The historical judgment, which overruled all the earlier rulings which held that privacy was not a fundamental right, will have an impact on the Aadhaar validity case, WhatsApp data case and on Section 377 which criminalises homosexuality. (ALSO READ: SC Verdict Didn’t Say Anything on Biometrics For Aadhaar, Have to Wait, Says Prashant Bhushan)
The Right to Privacy verdict came as a setback to the government that contested their position citing two judgments of 1954 (by eight judges) and 1962 (by six judges) which had held that the right to privacy was not a fundamental right. The argument of the government that right to privacy is not absolute and subject to restrictions in public interest is struck down by the apex court.