Manik Mahey
Born on February81926 in Korati near Bengaluru, Justice K.S. Puttaswamy who was a former Judge of Karnataka High Court, breathed his last on Monday, October 28 2024. He was Ninety Eight (98).
Justice Puttaswamy is known for being the lead Petitioner in the matters challenging the Aadhaar scheme of the Government in the year 2012, he wasEighty Six (86) at that time. Pertinently, delivered on 24.09.2017, the verdict in – Justice K.S. Puttaswamy (Retd.) & Anr. v. Union of India & Ors. (2017 10 SCR 569) is commonly referred to as the ‘Right to Privacy’ judgmentit was in these cases that the Supreme Court of India for the first time held that the Right to Privacy is intrinsic to Life and Personal Liberty under Article 21 of the Constitution and also, that it is a part of the freedoms guaranteed by Part III of the Constitution, thereby recognizing the Right to Privacy as a Fundamental Right.
Being an alumni of the Maharaja College in Mysuru and the Government Law College, Bengaluru, Justice Puttaswamy got enrolled as an Advocate in the year 1952 after which he started practising at the then Mysore High Court which later on, came to be known as Karnataka High Court. Subsequent to his appointment as a judge of Karnataka High Court on November 28 1977, he continued to serve the Bench till his retirement in the year 1986.
Post his retirement, Justice Puttaswamy continued to hold various prestigious assignments, some of which are worth mentioning. He possessed the distinction of beingappointed as the first Vice-Chairman of the Bengaluru Bench of the Central Administrative Tribunal and also, for having acted as the Chairperson ofthe Andhra Pradesh Backward Classes Commission Right to Privacy as a Fundamental Right
Justice Puttaswamy filed the Petition before the Supreme Court in 2012, thereby challenging the constitutional validity of the Aadhaar Card Scheme. Subsequently, more petitions challenging different aspects of the Aadhaar Scheme came to befiled which were clubbed with the Petition of Justice Puttaswamy by the Supreme Court.In the Petition(s), the norms for the compilation of demographic biometric data by the Government were questioned on the ground of violation of the Right to Privacy. It was argued that the scheme is unconstitutional as Right to Privacy was intrinsic to Life and Personal Liberty under Article 21.
Appearing for the State, the then Attorney General argued that the existence of the Right to Privacy as a fundamental right was in doubt in view of the two significant judgments in the cases of M.P. Sharma vs. Satish Chandra, District Magistrate, Delhi ((1954) SCR 1077), and Kharak Singh vs. State of Uttar Pradesh ((1964) 1 SCR 332) which were rendered byan Eight Judge Bench and a Six Judge Bench respectively. It washighlighted that in both the cases, there were observations that the Right to Privacy is not specifically protected by the Constitution as a fundamental right. Though it was also, submitted that despite the above decisions, many subsequent judgments over the years had recognised the Right to Privacy as a fundamental right. It was stressed upon by the State that the subsequent decisions that affirmed the existence of the Right to Privacy were rendered by benches of a smaller strength than M.P. Sharma and Kharak Singhand therefore, lack precedential value.
Since the issues relating to the precedential value of the judgments as also, the far-reaching importance of the Right to Privacy were concerned, the case(s) was referred to a Nine Judge Bench of the Supreme Court.
TheNine Judge Benchunanimously held that “the right to privacy is protected as an 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”. The Courtalso, overruled the previous verdicts of the Supreme Court in M.P. Sharma and Kharak Singh, insofar as the latter held that the Right to Privacy was not recognised under the Indian Constitution.
Since the issue was highlighted and later, got settled primarily, because of the Petition filed by Justice Puttaswamy, his contribution in getting the Right to Privacy its due identity in the Indian legal framework is paramount which cannot be undermined or forgotten. Initiating proceedings for safeguarding the individual rights in light of the Constitutional principles at the age of Eight Six (86)further, highlights Justice Puttaswamy’s unwavering spirit as an activist and also, his commitment towards the constitutional values which remained etched in his personality throughout his lifetime. Justice Puttaswamy might not be with us physicallyanymore but his legacy continues tobe a beacon oflight for the present as well as the future generations of jurists, lawyers and informed citizens.
(The author is an Advocate practising at Supreme Court of India and High Court of Jammu & Kashmir and Ladakh.)
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