Trending: Call for Papers Volume 4 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]


  1. Abstract

In the highly digitalized world where individual data is often collected, stored and disseminated, leads to several questions about individual rights and privacy. On one hand, the government has to ensure the safety and security of the people and on the other hand, people have the right to claim privacy and be free from unnecessary and unwanted intrusion on privacy by the government. This is where the tension of balancing national security and individual privacy exists leading to numerous debates on how much authority the government can exercise in relation to the collection of data, monitoring of communications and surveillance of people[1]. In such a situation, it is difficult for the adjudicating authorities to balance out national security and individual privacy. There were multiple instances in the past where the Supreme Court of India did not recognize the right to privacy as a fundamental element of the Indian constitution. To be specific, in the case of M. P. Sharma And Others vs. Satish Chandra[2] and Kharak Singh vs. The State of U. P. & Others[3]The Supreme Court of India stated that the right to privacy is not guaranteed by the Constitution. However, in the case of Justice KS Puttaswamy and Anr v Union of India and Ors[4] The Supreme Court has recently ruled that the right to privacy is a fundamental right under the purview of Article 21 of the Constitution of India and overruled the earlier decisions on the right to privacy.

Considering the above background, the purpose of this research paper is to analyze the challenges that exist in relation to balancing the right of the government to claim national security or public interest and the right of individuals to claim the protection of privacy. In this process, the research considers several secondary sources to analyze the situation of the right to privacy in India and determines the challenges in balancing national security and the right to privacy based on multiple decisions of the Supreme Court of India. The research also takes into account the relevance of the Data Protection Bill, 2021 on the right to privacy and the interest of the state tabled by the Parliamentary Joint Committee.

[1] Dhananjay Mahapatra, State using national security as a tool to deny citizens legal remedies: SC, TOI, Apr. 06, 2023.

[2] M. P. Sharma And Others vs Satish Chandra, (1954) AIR 300 (India).

[3]Kharak Singh vs. The State Of U. P. & Others, (1963) AIR 1295 (India).

[4] Justice KS Puttaswamy and Anr v Union of India and Ors., (2017) AIR SC 4161 (India).