https://thewire.in/170303/supreme-court-aadhaar-right-to-privacy/ http://timesofindia.indiatimes.com/india/right-to-privacy-is-a-fundamental-r... https://www.scribd.com/document/357098939/SC-Right-to-Privacy-Judgment https://news.ycombinator.com/item?id=15087831 487 points 187 comments Right to Privacy a Fundamental Right, Says Supreme Court in Unanimous Verdict On Thursday, the bench, led by Chief Justice J.S. Khehar, pronounced a unanimous judgement even if the judges had slightly different arguments as to how privacy is intrinsic to right to life and liberty. The bench comprised Chief Justice Khehar and Justices J. Chelameswar, S.A. Bobde, R.K. Agrawal, Rohinton Nariman, A.M. Sapre, D.Y. Chandrachud, Sanjay Kishan Kaul and S. Abdul Nazeer. In its 547-page judgment that declares privacy to be a fundamental right, the Supreme Court has overruled verdicts given in the M.P. Sharma case in 1958 and the Kharak Singh case in 1961, both of which said that the right to privacy is not protected under the Indian constitution. The judgment includes within it six separate judgments from different judges, though the conclusion is unanimous. The Wire has broken the main judgment into its constituent parts to make it easier to see what the different judges said. (see below) The judgment also included a two-page final order, which states that MP Sharma and Kharak Singh are overruled, and the right to privacy is fundamental. The lead judgment of 265 pages, authored by Justice D.Y. Chandrachud and co-signed by Chief Justice Khehar and Justices Nazeer and Agrawal states the following clear conclusions: ... NEW DELHI: The Supreme Court (SC) on Thursday ruled that privacy is a fundamental right because it is intrinsic to the right to life. "Right to Privacy is an integral part of Right to Life and Personal Liberty guaranteed in Article 21 of the Constitution," the SC's nine-judge bench+ ruled unanimously. It added that the right to privacy is intrinsic to the entire fundamental rights chapter of the Constitution. This judgement is a blow to Aadhaar as the Centre now has to convince SC that forcing citizens to give a sample of their fingerprints and their iris scan does not violate privacy. The SC bench's judgment will touch the lives of 134 crore Indians. It was not meant to decide on the fate of Aadhaar, just on whether privacy of an individual was a part of their inviolable fundamental rights. What this means is a five-judge bench of the SC will test the validity of Aadhaar on the touchstone of privacy as a fundamental right.