Justice K.S. Puttaswamy passes away

Justice K.S. Puttaswamy passes away

Sub : Polity

Sec : Constitution

Context:

Justice K.S. Puttaswamy, a former Karnataka High Court judge and the pivotal petitioner in India’s landmark ‘right to privacy’ case, passed away at 98.

Early Life and Career:

• Born: 1926 near Bengaluru.
• Education: Studied at Maharaja College, Mysuru, and Government Law College, Bengaluru.
• Legal Career: Enrolled as an advocate in 1952, practicing at the then-Mysore High Court (now Karnataka High Court).
• Judicial Appointment: Became a judge at the Karnataka High Court on November 28, 1977, and served until retirement in 1986.
• Post-Retirement Roles:
  • Appointed as the first Vice-Chairman of the Bengaluru bench of the Central Administrative Tribunal.
  • Served as chairperson of the Andhra Pradesh Backward Classes Commission.

Landmark ‘Right to Privacy’ Case:

• Challenge to Aadhaar: In 2012, at the age of 86, Justice Puttaswamy filed a petition challenging the Aadhaar scheme, raising concerns over its implications on individual privacy.
• Supreme Court Decision: His petition prompted the Supreme Court to examine whether privacy is a fundamental right under the Indian Constitution.
• Historic Verdict: In August 2017, the Supreme Court’s nine-judge bench ruled unanimously in Justice K.S. Puttaswamy (Retd.) v. Union of India that privacy is indeed a fundamental right.
• Triple Test: The judgment established that any invasion of privacy must satisfy three requirements:
  • Legality (must be backed by law)
  • Necessity (legitimate state aim)
  • Proportionality (means should be proportional to the objective)

Reflections on the Verdict:

• Justice Puttaswamy welcomed the verdict, calling it “correct and beneficial” and noted that the Supreme Court’s decision aligned with his expectations.
• He shared that his petition stemmed from concerns that Aadhaar was being implemented without Parliamentary debate, prompting him to act to protect citizens’ rights.

This judgment is particularly significant as it:

• Modernized Indian privacy law for the digital age
• Protected individual rights against both state and private actors
• Influenced the drafting of data protection legislation
• Established privacy as an essential component of human dignity

Source: IE