How We Got Here: SC Declares Right to Privacy a Fundamental Right

The 9-bench SC bench has unanimously declared right to privacy a fundamental right under the Constitution.

In a landmark decision on Thursday, the Supreme Court unanimously declared the right to privacy a fundamental right under the Constitution.

A nine-judge Constitution bench headed by Chief Justice of India JS Khehar ruled that "right to privacy is an intrinsic part of Right to Life and Personal Liberty under Article 21 and entire Part III of the Constitution".

The ruling on the highly contentious issue was to deal with a batch of petitions challenging the Centre's move to make Aadhaar mandatory for availing the benefits of various social welfare schemes.

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How did the SC decide to hear the right to privacy matter? Here’s a detailed chronology:

7 July

Three-judge bench says issues arising out of Aadhaar should finally be decided by a larger bench. The CJI would take a call on the need to set up a constitution bench. The matter is mentioned before the CJI who sets up a five-judge constitution bench to hear the matter.

18 July

The five-judge Constitution bench in-turn decides to set up a nine-judge bench. The judges are to decide whether right to privacy can be declared a fundamental right under the Constitution. The bench, including CJI JS Khehar, Justices J Chelameswar, SA Bobde, RK Agrawal, Rohinton Fali Nariman, Abhay Manohar Sapre, DY Chandrachud, Sanjay Kishan Kaul and S Abdul Nazeer, is constituted to hear the privacy matter.

Also Read: Meet the 9 Judges Who Ruled That Privacy is a Fundamental Right

19 July

The SC says right to privacy can't be absolute, and it may be regulated. The Centre tells the SC that right to privacy is not a fundamental right.

26 July

Karnataka, West Bengal, Punjab and Puducherry – four non-BJP ruled states – move the SC in favour of right to privacy. The Centre tells the SC that privacy can be fundamental right with some riders.

27 July

The Maharashtra government tells the SC that privacy is not a "standalone" right, but it is rather a concept.

1 August

The SC says there have to be "overarching" guidelines to protect an individual's private information in public domain.

2 August

The SC says protection of the concept of privacy in the technological era was a "losing battle", reserves verdict.

Also Read: Privacy, Security and the Supreme Court: An Aadhaar Starter Kit

24 August

The SC declares right to privacy as fundamental right under the Constitution.