(S.C.) 254 , 2015 (154 )AIC261 (S.C. ), AIR2015 SC 3081 , AIR2015 SC 3081 , 2015 (4 )AJR368 , 2015 (4 ) AKR 72 , 2015 (5 )ALD104 (SC ), 2015 (5 ) ALJ 607 , 2015 (5 )ALLMR970 , 2015 (113 ) ALR 221 , 2015 5 AWC4448 SC , ILR2015 (3 )Kerala665 , 2015 INSC 559 , 2015 (3 )J.L.J.R.559 , 2015 (II )OLR(SC )593 , 2015 (4 )PLJR49 , 2015 (3 )RCR(Civil)988 , 2015 (8 )SCALE747 , 2015 (8 )SCALE752 , (2015 )8 SCC735 , 2016 (10 ) SCJ 428 , [2015 ]9 SCR99 , ,MANU/SC/0849/2015Jasti Chelameswar#S.A. Bobde#C. Nagappan#311SC4520Judgment/OrderABR#AD#AIC#AIR#AIR#AJR#AKR#ALD#ALJ#AllMR#ALR#AWC#ILR (Kerala)#INSC#JLJR#MANU#OLR#PLJR#RCR (Civil)#SCALE#SCALE#SCC#SCJ#SCRSUPREME COURT OF INDIA2015-8-1216918,17071,16916,17068,17055 -->

IN THE SUPREME COURT OF INDIA

Writ Petition (Civil) Nos. 494 of 2012, 829, 833, 932 of 2013, 37, 220 of 2015, Transferred Case (Civil) Nos. 151, 152 of 2013, 312, 313 of 2014, 921 of 2015, Contempt Petition (Civil) No. 144 of 2014 in Writ Petition (Civil) 494/2012 and Contempt Petition (Civil) No. 470 of 2015 in Writ Petition (Civil) 494/2012 (Under Article 32 of the Constitution of India)

Decided On: 11.08.2015

Appellants: K.S. Puttaswamy and Ors. Vs. Respondent: Union of India (UOI) and Ors.

Hon'ble Judges/Coram:
Jasti Chelameswar , S.A. Bobde and C. Nagappan

ORDER

1. In this batch of matters, a scheme propounded by the Government of India popularly known as "Aadhaar Card Scheme" is under attack on various counts. For the purpose of this order, it is not necessary for us to go into the details of the nature of the scheme and the various counts on which the scheme is attacked. Suffice it to say that under the said scheme the Government of India is collecting and compiling both the demographic and biometric data of the residents of this country to be used for various purposes, the details of which are not relevant at present.

2. One of the grounds of attack on the scheme is that the very collection of such biometric data is violative of the "right to privacy". Some of the Petitioners assert that the right to privacy is implied Under Article 21 of the Constitution of India while other Petitioners assert that such a right emanates not only from Article 21 but also from various other articles embodying the fundamental rights guaranteed under Part-III of the Constitution of India.

3. When the matter was taken up for hearing, Shri Mukul Rohatgi, learned Attorney General made a submission that in view of the judgments of this Court in M.P. Sharma and Ors. v. Satish Chandra and Ors. MANU/SC/0018/1954 : AIR 1954 SC 300 and Kharak Singh v. State of U.P. and Ors. MANU/SC/0085/1962 : AIR 1963 SC 1295, (decided by Eight and Six Judges respectively) the legal position regarding the ........