Justice K.S. Puttaswamy passes away
- October 29, 2024
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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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