Implicazioni per Aadhaar.
<https://thewire.in/170303/supreme-court-aadhaar-right- >to-privacy/
New Delhi: A nine-judge bench of the Supreme Court has ruled that
Indians enjoy a fundamental right to privacy, that it is intrinsic to
life and liberty and thus comes under Article 21 of the Indian constitution.
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
<https://www.scribd.com/document/357098939/SC-Right- to-Privacy-Judgment#from_embed >
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.
[...]
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