Subject: Indian Polity

The landmark Justice K.S. Puttaswamy v. Union of India (2017) case marked a watershed moment in Indian constitutional jurisprudence by recognizing the Right to Privacy as a fundamental right under Article 21 of the Constitution, expanding the scope of fundamental rights in the digital age.

Evolution of Right to Privacy

• The Supreme Court's nine-judge bench unanimously declared privacy as an integral part of Part III of the Constitution, overruling previous judgments in M.P. Sharma (1954) and Kharak Singh (1962) cases.
• The judgment builds upon the progressive interpretation established in Maneka Gandhi case (1978), which expanded Article 21 to include fair, just, and reasonable procedures.
• Privacy is now protected as an intrinsic part of right to life and personal liberty, equality (Article 14), and freedom of expression (Article 19).

Key Dimensions of Privacy Rights

• Informational Privacy: Protection of personal data and control over its collection, storage, and dissemination.
• Bodily Privacy: Protection against invasive procedures and surveillance.
• Spatial Privacy: Protection of private spaces and communication.
• Decisional Privacy: Autonomy in personal choices and decisions.

Impact on Other Fundamental Rights

• Freedom of Expression: Enhanced protection for digital communications and online privacy.
• Right to Equality: Non-discriminatory treatment in data collection and processing.
• Right against Self-incrimination: Protection of personal information in criminal proceedings.
• Religious Freedom: Protection of religious choices and practices from surveillance.

Contemporary Challenges

• Balancing privacy with national security concerns and technological advancement.
• Need for comprehensive data protection legislation.
• Regulation of artificial intelligence and surveillance technologies.
• Protection of privacy in the era of social media and digital transactions.

The Supreme Court's privacy judgment has fundamentally reshaped the constitutional landscape, establishing privacy as a cornerstone of fundamental rights protection. This has paved the way for modern interpretations of rights in the digital age, as seen in initiatives like the Personal Data Protection Bill and Digital India program, ensuring constitutional values adapt to contemporary challenges while preserving individual dignity and autonomy.