What’s wrong with using Pegasus for national security: SC, Pg1

Key Highlights:

• Supreme Court posed a question on whether the use of Pegasus spyware by the government for national security purposes is inherently problematic.

  • Justice Surya Kant observed that “There is nothing wrong with having spyware. Against whom it is used, is the point.”

  • Emphasized the need to protect national security while respecting individual privacy.

  • Court was hearing a plea involving allegations of unauthorised surveillance using Israeli military-grade Pegasus spyware.

Detailed Insights:

• Context of the Case:

  • Petitioners, including senior journalist N. Ram, raised concerns about violation of the right to privacy through spyware-based surveillance.

    • The core legal issue was whether the government possessed and used Pegasus, and if so, whether it was for legitimate national security needs.

  • Judicial Observations:

    • SC bench maintained that spyware per se is not illegal, but its misuse against private citizens without due process raises constitutional concerns.

      • Emphasized a balanced approach — security must not override fundamental rights arbitrarily.

  • Larger Constitutional Debate:

    • Tension between state surveillance powers and the right to privacy, as affirmed in K.S. Puttaswamy (2017) judgment.

      • Questions raised about executive accountability, oversight mechanisms, and transparency in surveillance practices.

Significance:

• Brings focus to the legal and ethical complexities of deploying spyware for internal security.

  • Highlights the need for parliamentary oversight and legal safeguards in surveillance technologies.

  • Reinforces the doctrine that national security cannot be a blanket justification for violating fundamental rights.

  • Underscores ongoing judicial role in balancing state power and civil liberties.

Mains Mock Question:

"In the context of rising national security threats, critically examine the constitutional limitations on state surveillance in India. Should the use of spyware be judicially or legislatively regulated?"