2017 INSC 0570
                                    SUPREME COURT OF INDIA

                                              K.S.Puttaswamy

                                                      Vs.

                                               Union of India

                                        WP(Civil)No.494 of 2012

   (Jagdish Singh Khehar,CJI., J.Chelameswar and S.A.Bobde,JJ., D.Y.Chandrachud and
                                            S.Abdul Nazeer,JJ.,)

                                                 18.07.2017

                                                   ORDER

1. During the course of the hearing today, it seems that it has become essential for us to
determine whether there is any fundamental right of privacy under the Indian Constitution.
The determination of this question would essentially entail whether the decision recorded by
this Court in M.P. Sharma and Ors. vs. Satish Chandra, by an eight-Judge Constitution
Bench, and also, in Kharak Singh vs. The State of U.P. and Ors1. by a six-Judge Constitution
Bench, that there is no such fundamental right, is the correct expression of the
constitutional position.

2. Before dealing with the matter any further, we are of the view that the issue noticed
hereinabove deserves to be placed before the nine-Judge Constitution Bench. List these
matters before the Nine-Judge Constitution Bench on 19.07.2017.

3. Liberty is granted to the learned counsel appearing for the rival parties to submit their
written briefs in the meantime.

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