Q. With reference to Justice K.S. Puttaswamy vs Union of India judgement (2017) of the Supreme Court, which of the statements given below is/are correct?
1. It declared right to privacy as a fundamental right under Article 21 of the Constitution.
2. It laid down a test of proportionality to determine the reasonableness of the invasion of privacy.
3. It upheld the validity of the Aadhaar Act of 2016.
Select the correct answer using the code given below
Exp) Option d is the correct answer.
Statement 1 is correct. In Justice K.S. Puttaswamy vs Union of India case (2017), the Supreme Court held that the right to privacy is protected as intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.
Statement 2 is correct. The judgement also laid down a triple test to determine the reasonableness of the invasion of privacy.
1) existence of a law,
2) a legitimate state interest,
3) test of proportionality.
Statement 3 is correct. In 2018 in Justice K.S. Puttaswamy (retired) vs Union of India judgement, a five-judge bench of the Supreme Court by majority of 4:1 had declared the Aadhaar Act as valid and constitutional. According to the verdict, the Aadhaar scheme, which is backed by the Aadhaar Act, passes the triple test laid down in the Puttaswamy judgment (It was Aadhaar act that was challenged then court started delving into Right to Privacy, and finally Aadhaar judgement was given) to determine the reasonableness of the invasion of privacy.
