From Fundamental Rights To Digital Rights: Digital Constitutionalism Of Data Privacy In India
- IJLLR Journal
- May 9
- 1 min read
Mr. Rishav Dogra, PhD Research Scholar, Himachal Pradesh University, H.P.
Prof. (Dr.) D.P. Verma, Professor, Himachal Pradesh University Regional Centre, Dharamshala, H.P.
ABSTRACT
The Indian Constitution, a remarkable synthesis of aspirational rights and institutional checks, has proven to be a living document dynamic and responsive to changing socio-political realities. In the 21st century, data has become the new oil of governance and economy, raising urgent constitutional questions concerning privacy, surveillance, and digital autonomy. This paper examines the evolution of the Indian Constitution as a living document through the lens of data privacy jurisprudence. It analyzes landmark judicial pronouncements, particularly Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), and legislative interventions such as the Digital Personal Data Protection Act, 2023 (DPDP Act). The analysis includes an extensive critique of the Digital Personal Data Protection Act, 2023, and a wide comparative study referencing GDPR, POPIA, and the United States' sectoral privacy regime. The paper concludes with policy recommendations to strengthen India’s digital constitutionalism, including an independent data protection authority, algorithmic transparency mandates, and constitutional safeguards for AI governance. Further, it explores how constitutional principles liberty, dignity, and proportionality interact with technological advancements and state surveillance. Drawing comparative insights from the European Union’s GDPR, the United States’ sectoral privacy model, and South Africa’s constitutional framework, the paper concludes that India’s living Constitution must continue evolving to protect the informational autonomy of individuals in a data-driven society.
