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Question

Who among the following filed the Writ Petition that led to the famous verdict of the Supreme Court of India recognising the Right to Privacy as a Fundamental Right?

This question was previously asked in
CDS 2 2024 Maths Question Paper (01-Sep-2024)
The correct answer is

Justice K. S. Puttaswamy

Writ Petition Igniting India's Right to Privacy Verdict

The question asks to identify the individual who initiated the legal process via a Writ Petition, which ultimately led to a significant ruling by the Supreme Court of India establishing the Right to Privacy as a Fundamental Right.

The Landmark Puttaswamy Judgment

The Supreme Court of India delivered a landmark verdict in the case of Justice K. S. Puttaswamy (Retd.) v. Union of India. This case is pivotal in Indian constitutional law because it unequivocally recognized the Right to Privacy as an intrinsic part of the Right to Life and Personal Liberty, guaranteed under Article 21 of the Constitution.

Role of Justice K. S. Puttaswamy

The legal challenge that culminated in this historic judgment was initiated by Justice K. S. Puttaswamy himself. He filed a Writ Petition challenging the constitutional validity of various government initiatives that raised concerns about citizen privacy. His petition set the stage for the Supreme Court's comprehensive examination and eventual affirmation of the Right to Privacy as a fundamental constitutional guarantee.

Understanding the Petitioner's Significance

  • Justice K. S. Puttaswamy, a retired judge, directly petitioned the Supreme Court.
  • His petition argued for the recognition of privacy as a fundamental aspect of dignity and liberty.
  • The Supreme Court, in its judgment, upheld his argument, making the Right to Privacy a cornerstone of fundamental rights in India.

Contextualizing Other Options

While other justices mentioned played significant roles in shaping Indian jurisprudence, they were not the petitioners in the specific Writ Petition that led to the recognition of the Right to Privacy as a fundamental right:

  • Justice P. N. Bhagwati is renowned for his contributions to the concept of 'Public Interest Litigation' (PIL) and judicial activism.
  • Justice Rohinton Fali Nariman was part of the bench that delivered the landmark privacy judgment and has delivered several significant judgments in constitutional law.
  • Justice Anil R. Dave was also a member of the Supreme Court bench during that period and participated in various constitutional benches.

However, the question specifically asks who filed the Writ Petition leading to the verdict. That credit belongs to Justice K. S. Puttaswamy.

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