Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Tuesday, 22 September 2026 9888666310 | [email protected]
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Supreme Court of India 2018-09-26 partly_allowed

Justice K.S. Puttaswamy (Retd.) and another vs Union of India and others

Bench: 5 — A.K. Sikri, Dr. D.Y. Chandrachud, Ashok Bhushan, S.A. Bobde, R.F. Nariman

In Brief

The Supreme Court upheld the constitutional validity of the Aadhaar scheme and Act, recognizing the right to privacy as fundamental under Articles 14, 19, and 21, while concluding it is not absolute. The Court applied the proportionality test, finding that Aadhaar serves the legitimate state aim of ensuring targeted delivery of welfare benefits to marginalized populations and preventing leakages in public distribution systems. The minimal biometric and demographic data collection, coupled with statutory safeguards and encryption, does not constitute unreasonable invasion of privacy. However, the Court struck down or read down several provisions: authentication records cannot be archived beyond six months, metadata storage must be restricted, judicial oversight is required for information disclosure under national security exceptions, and private sector use without statutory authorization is prohibited. Mandatory Aadhaar for children requires parental consent.

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Constitutional Law Fundamental Rights Right to Privacy Data Protection Biometric Identification Welfare Law Proportionality Doctrine Digital Governance Surveillance Administrative Law

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