Judicial Activism In The Digital Age: The Role Of Indian Courts In Filling Legislative Lacunae Of Data Privacy
- IJLLR Journal
- Jul 19
- 1 min read
Savita S Pattanshetti, Research Scholar, Department of Law, Mansarovar Global University, Sehore, Madhya Pradesh
Tai Chourashiya, Associate Professor, Dean, Faculty of Law, Mansarovar Global University, Sehore, Madhya Pradesh
ABSTRACT
The rapid expanding of digital technologies has transformed governance, commerce, and social interactions, resulting in unprecedented ‘collection and processing of personal data’. In India, the absence of a comprehensive data protection framework for several decades created significant legislative gaps that exposed citizens to privacy risks arising from state surveillance, biometric identification systems, and digital platform governance. This paper examines the role of judicial activism in addressing these legislative lacunae and shaping the constitutional foundations of data privacy protection in India. Through a doctrinal and analytical examination of landmark decisions, including ‘M.P. Sharma v. Satish Chandra, Kharak Singh v. State of Uttar Pradesh, Gobind v. State of Madhya Pradesh, R. Rajagopal v. State of Tamil Nadu, PUCL v. Union of India, and Justice K.S. Puttaswamy v. Union of India’, the study traces the evolution of privacy from an implied ‘constitutional value to a fundamental right under Article 21’. It further analyses how judicial intervention influenced legislative developments culminating in the ‘Digital Personal Data Protection Act, 2023’. The paper argues that Indian courts acted as de facto data protection regulators by establishing principles of informational privacy, proportionality, dignity, autonomy, and accountability before statutory regulation emerged. It concludes that despite the enactment of the DPDP Act, continued judicial oversight remains essential to ensure rights-centric digital governance and constitutional protection in an increasingly data-driven society.
Keywords: Judicial Activism; Data Privacy; Informational Privacy; Digital Personal Data Protection Act, 2023; Digital Constitutionalism.
