Justice K.S. Puttaswamy, the petitioner who catalyzed the landmark Supreme Court decision recognizing privacy as a fundamental right, passed away at 98. A former Karnataka High Court judge, he challenged the Aadhaar scheme in 2012, which led to a historic 2017 verdict. His career spanned decades of
Justice K.S. Puttaswamy, a former judge of the Karnataka High Court and a key petitioner in the landmark Right to Privacy case, passed away at the age of 98. His legacy remains pivotal in shaping Indian constitutional law, particularly through his advocacy for the recognition of privacy as a fundamental right. Born in 1926 near Bengaluru, Justice Puttaswamy’s career spanned decades of service in the legal field. He served as a judge at the Karnataka High Court from 1977 until his retirement in 1986. Even after his retirement, Justice Puttaswamy continued to contribute significantly to the legal and administrative spheres, most notably initiating the challenge against the Aadhaar scheme in 2012, which eventually led to the historic Supreme Court judgment affirming the fundamental right to privacy in 2017.
Early Life and Judicial Career
- Born in 1926 near Bengaluru, Justice Puttaswamy completed his education at Maharaja College in Mysuru and the Government Law College in Bengaluru.
- Enrolled as an advocate in 1952, he began his practice at the Mysore High Court (later renamed the Karnataka High Court).
- He later became an Additional Government Advocate before being appointed a judge of the Karnataka High Court on November 28, 1977.
- Justice Puttaswamy served as a judge until his retirement in 1986.
Post-Retirement Contributions
- After retirement, Justice Puttaswamy was appointed the first Vice-Chairman of the Bengaluru Bench of the Central Administrative Tribunal.
- He also served as the Chairperson of the Andhra Pradesh Backward Classes Commission, demonstrating his commitment to social justice.
Challenge Against Aadhaar and Right to Privacy
- In 2012, at the age of 86, Justice Puttaswamy was among the first to challenge the Aadhaar scheme when it was introduced by the UPA government. He believed the scheme was implemented without appropriate legislative discussion.
- As a result, the Supreme Court in 2015 decided to examine whether Indian citizens have a fundamental right to privacy.
- This led to the historic August 2017 decision by a nine-judge bench, which unanimously recognized privacy as a fundamental right in the landmark case Justice K.S. Puttaswamy (Retd.) v. Union of India.
Justice Puttaswamy’s Reflections on the Verdict
- Following the 2017 judgment, Justice Puttaswamy, in an interview with The Indian Express, described the verdict as “correct and beneficial.”
- He stated: “I was expecting a fair-minded judgment when the arguments were on, particularly because Attorney General K.K. Venugopal initially argued that the right to privacy was not a fundamental right but later acknowledged its significance.”
- He also remarked: “The possibility of the court accepting the right to privacy as a fundamental right was very bright after this.”
- Regarding his motivation for challenging the Aadhaar scheme, he said: “During discussions with some of my friends, I realised that the Aadhaar scheme was going to be implemented without the law being discussed in Parliament. As a former judge, I felt the executive action was not right. I filed the petition because I felt that my right was affected.”
