Right to Privacy under the Indian Constitution: Evolution, Scope, and
Challenges
Abstract
The right to privacy, though not expressly mentioned in the Indian Constitution, has emerged as a
fundamental right through judicial interpretation. This paper examines the evolution of privacy rights in
India, especially after the landmark judgment of Justice K.S. Puttaswamy v. Union of India (2017). It
also highlights challenges posed by technological advancements, data protection issues, and the
balance between individual liberty and state security.
Introduction
The Indian Constitution guarantees several fundamental rights, yet privacy was not explicitly included in
its original framework. Over time, judicial pronouncements expanded the scope of Article 21 (Right to
Life and Personal Liberty) to include privacy. The recognition of privacy as a fundamental right marks a
turning point in Indian constitutional law.
Literature Review / Background
• Early cases (M.P. Sharma v. Satish Chandra, 1954) denied privacy as a constitutional right.
• Later, Kharak Singh v. State of UP (1962) introduced a limited notion of privacy.
• The watershed moment came in Puttaswamy (2017), where a nine-judge bench unanimously declared
privacy a fundamental right.
• Academic discourse emphasizes the need for strong data protection laws, especially with the rise of
surveillance technologies.
Analysis / Discussion
• Constitutional Basis: Privacy derives from Articles 14, 19, and 21.
• Dimensions of Privacy: Bodily privacy, informational privacy, decisional autonomy.
• Challenges:
- Surveillance by state agencies.
- Lack of comprehensive data protection framework.
- Private companies misusing user data.
• Legislative Developments: The Digital Personal Data Protection Act, 2023 seeks to safeguard
informational privacy but faces criticism over government exemptions.
Conclusion
The recognition of privacy as a fundamental right strengthens individual liberty in India. However,
balancing privacy with national security, digital governance, and technological innovation remains a
challenge. Effective implementation of privacy laws and strong data protection mechanisms are
essential for safeguarding this right in the digital age.
References
1. Justice K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1.
2. M.P. Sharma v. Satish Chandra, AIR 1954 SC 300.
3. Kharak Singh v. State of UP, AIR 1963 SC 1295.
4. Bhatia, Gautam. Offend, Shock, or Disturb: Free Speech under the Indian Constitution.
5. Digital Personal Data Protection Act, 2023.
