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8 of 12|Constitution & Legal Background
video 25 min•Landmark Case Laws
Puttaswamy Case
The landmark judgment that recognized privacy as a fundamental right.
🎯 Learning Objectives
- ▸ Understand the background of the Puttaswamy case
- ▸ Analyze the three-pronged test for restricting privacy
- ▸ Understand the impact of the judgment on the DPDPA
The Background
The case was originally filed to challenge the Aadhaar scheme. However, the Supreme Court decided to refer the broader question of whether privacy is a fundamental right to a nine-judge bench. This was the largest bench ever assembled for a privacy case.
The Three-Pronged Test
The Court held that privacy can be restricted, but only if the restriction meets three conditions:
- • Legality: The restriction must be backed by a law.
- • Necessity: The restriction must be necessary for a legitimate state aim (like national security or public order).
- • Proportionality: The restriction must be proportionate to the aim, and no less restrictive alternative should be available.
The Puttaswamy test is now the gold standard for evaluating any privacy-restricting measure, including the DPDPA itself.
📖 Glossary
- Nine-Judge Bench
- The largest possible bench of the Supreme Court, reserved for the most critical constitutional questions.
- Proportionality
- A legal test ensuring that the impact of a law is proportionate to its objective.
🔑 Key Takeaways
- Privacy is protected under Article 21.
- Restrictions on privacy must be legal, necessary, and proportionate.
- Privacy is not just an individual right but a prerequisite for democracy.
📚 Further Reading
- K.S. Puttaswamy v. Union of India — Supreme Court of India (2017)
Course Author
Shilpi Kulshrestha
Shilpi is a corporate lawyer with over a decade of experience in data protection, company law, and regulatory compliance. She has advised 50+ startups and enterprises on DPDPA readiness, privacy gover...