Q9.Examine the scope of Fundamental Rights in light of the latest judgement of the Supreme Court on the Right to Privacy.

Fundamental Rights form the bedrock of India's democratic framework. The Supreme Court's landmark judgment on the Right to Privacy significantly expanded the protective ambit of these rights, reinforcing individual autonomy.

Evolution and the Puttaswamy Verdict

Historically, the Right to Privacy faced judicial ambiguity, with earlier rulings like M.P. Sharma (1954) and Kharak Singh (1962) not recognizing it as a fundamental right. This changed decisively with the K.S. Puttaswamy (Retd.) vs Union of India judgment in 2017.

Key Aspects of the Puttaswamy Judgment (2017)

The nine-judge bench unanimously declared the Right to Privacy as an intrinsic part of the Right to Life and Personal Liberty under Article 21. It also affirmed privacy emanates from other rights in Part III. The judgment overturned earlier rulings. While fundamental, it is not absolute and can be restricted, satisfying a three-fold test: legality, legitimate state aim, and proportionality.

Expanded Scope of Fundamental Rights

This ruling profoundly expanded the protective umbrella of Fundamental Rights, reinforcing individual autonomy, dignity, and liberty against arbitrary state intrusion. It recognized privacy as a foundational value.

Implications and Challenges

• Formulation of robust data protection laws.
• Scrutiny of state surveillance policies.
• Re-evaluation of schemes like Aadhaar, balancing state interests with individual privacy.

The Puttaswamy judgment marks a pivotal moment in Indian constitutional jurisprudence, solidifying individual liberties and setting a high standard for state action impacting personal freedoms. It underscores the dynamic nature of Fundamental Rights.