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Constitutionality Of NPR-NATGRID Integration: A Threat To Privacy In India




Surbhi Kaushal, BALLB, Mumbai University, Mumbai

Mahesh Giri, BALLB, Mumbai University, Mumbai


ABSTRACT


Surveillance has occupied much of the discussion in most parts of the world. This paper critically examines the constitutionality of India’s National Population Register (NPR) and the National Intelligence Grid (NATGRID) framework, with particular emphasis on their implications on the right to Privacy under Article 21 of the right to life and personal liberty mentioned in Part III of the Indian Constitution. While both frameworks have been justified on multiple grounds, such as administrative efficiency and national security, the heat of the arguments has centered around concerns about the absence of accountability, transparency, and adequate safeguards.


The integration of NPR and NATGRID raises several concerns regarding the scale, scope, and purpose of data collection and their usage. The study first analyses both NPR and NATGRID in isolation, concentrating on their objectives, statutory backing, and their implementation. Further, it evaluates the potential consequences of their integration in light of the aggregation of data for profiling and surveillance.


The paper further focuses on the K. S. Puttaswamy v. Union of India (Adhaar) case, drawing upon the grounds laid down in the judgment. The paper argues that such integration risks undermining the principles of proportionality, necessity, and informed consent. The paper further compares and analyses the surveillance systems of the USA, China, and the UK. And ultimately argues that the integration of NPR and NATGRID poses a significant threat to privacy and asks for constitutional scrutiny, along with the establishment of robust legal frameworks.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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