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Constitutional Rights: Rights of Privacy

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Right To Privacy Is A Fundamental Right

Settling the decades long debate on the issue of the right to privacy being a fundamental right, the Supreme Court held that right to privacy is protected under Article 21 of the Constitution of India. In a unanimous decision, a nine -Judge Constitution Bench overruled the judgments in MP Sharma and Kharak Singh cases. The Petitions were disposed of in the following terms:

  • The decision in M P Sharma that privacy is not a fundamental right stands overruled.
  • The decision in Kharak Singh that privacy is not a fundamental right stands overruled.
  • Right to privacy is protected as intrinsic part of right to life and liberty.
  • All decisions subsequent to Kharak Singh makes the position clear and will hold the Held.
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