ABSTRACT
The right to privacy, though not expressly mentioned in the Constitution of India has evolved as an integral component of the right to life and personal liberty guaranteed under Article 21 with rapid technological advancement increase state surveillance and digital data collection, the significance of privacy as a fundamental right has gained renewed importance. This paper examines the judicial evolution and interpretation of the right to privacy in India through landmark constitutional decisions of the Supreme Court. Beginning with early judicial reluctance in M.P. Sharma v. Sathish Chandra and Kharak Singh v. State of Uttar Pradesh, the study traces the gradual recognition of privacy as an implicit constitutional value in cases such as Govind v. State of Madhya Pradesh and R. Rajagopal v. State of Tamil Nadu. The paper places special emphasis on the historic judgment in Justice K.S. Puttaswamy v. Union of India (2017) where in the Supreme Court unequivocally affirmed privacy as a fundamental right intrinsic to dignity, personal liberty and autonomy respectively. Further the study analyses post Puttaswamy developments and emerging challenges relating to data protection, surveillance and the balance in the middle of individual liberty and state interests. The paper adopts a doctrinal research methodology based on constitutional provisions, judicial pronouncements and scholarly writings. It concludes by highlighting the need for a comprehensive legislative framework to ensure effective protection of privacy in contemporary India.
This paper goes beyond a descriptive account of privacy jurisprudence by critically examining the post-Puttaswamy fragmentation in proportionality analysis and the Court’s reluctance to extend privacy protections horizontally against private actors.
Keywords: Right to Privacy – Article 21 – Constitutional Law – Judicial Interpretation -Fundamental Rights.
INTRODUCTION
In the early phase of Constitutional adjudication, the Supreme Court was reluctant to accord Constitutional status to the Right to privacy in M.P. Sharma v. Satish Chandra and Kharak Singh v. State of Uttar Pradesh, the Court declined to recognize privacy as a fundamental right emphasizing the lack of an explicit constitutional provision. However these decisions did not entirely dismiss concerns relating to personal liberty and laid the groundwork for subsequent judicial engagement with privacy related issues. A gradual shift in judicial thinking was evident in Govind v. State of Madhya Pradesh where the Court recognized that certain aspects of privacy could fall within the ambit of Article 21 subject to reasonable restrictions imposed by law.
The scope of right to privacy was further clarified in later decisions in R. Rajagopal v. State of Tamil Nadu the Supreme Court recognized as individual’s right to prevent unauthorized publication of personal information thereby acknowledging informational privacy. Similarly in People’s Union for Civil Liberties v. Union of India the Court emphasized the need to protect privacy against arbitrary surveillance particularly in the context of telephone tapping. These judgments reflected a gradual judicial acceptance of privacy as a constitutional value closely linked with personal liberty.
The constitutional status of the right to privacy was conclusively settled in the landmark judgment of Justice K.S. Puttaswamy v. Union of India. A nine-judge bench unanimously held that the right to privacy is a fundamental right protected under Part III of the Constitution. The Court recognized privacy as intrinsic to dignity, autonomy and freedom and expressly overruled earlier decisions that denied its constitutional existence. This judgment marked a significant milestone in Indian constitutional jurisprudence. In this context the present paper examines the judicial evolution of the right to privacy under Article 21 with a focus on landmark judgments and contemporary challenges through a doctrinal analysis of constitutional provisions and judicial decisions.