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In Justice K.S. Puttaswamy v. Union of India (2017), the Supreme Court recognized right to privacy as intrinsic to Article 21 and part of the basic structure, meaning Parliament cannot amend the Constitution to destroy privacy as a core constitutional value.
- True
- False
Answer: True
Puttaswamy and privacy as basic structure: (a) Context: Challenge to Aadhaar scheme, surveillance laws based on right to privacy under Article 21, (b) Supreme Court holding (9-judge bench): (i) Right to privacy intrinsic to life/liberty under Article 21; also part of Article 19 freedoms, Article 14 equality, (ii) Privacy has three dimensions: spatial (physical space), decisional (personal choices), informational (data control), (iii) Privacy as basic structure: Core constitutional value that cannot be destroyed by amendment, (c) Applications: (i) Aadhaar authentication: Upheld for welfare schemes, PAN linking; struck down for bank accounts, mobile numbers as disproportionate privacy intrusion, (ii) Data protection: DPDP Act, 2023 operationalizes privacy principles with consent, minimization, security safeguards, (iii) Surveillance oversight: Anuradha Bhasin (2020) applied proportionality to internet shutdowns, requiring publication, judicial review, (d) Rationale: (i) Privacy essential for dignity, autonomy, democratic participation, (ii) Basic structure protection ensures privacy cannot be abolished even by constitutional amendment, (iii) Proportionality test balances privacy with legitimate state interests (security, welfare efficiency), (e) Illustrates adaptive basic structure: Privacy recognized as evolving constitutional value; basic structure doctrine protects core dignity, autonomy against legislative/executive excess.