Privacy As A Fundamental Right:Impact And Implementation After Puttaswamy
- IJLLR Journal
- Aug 24
- 1 min read
Rohit Raikwar, B.B.A LL.B. (Hons.), Medicaps University, Department of Law, Indore, Madhya Pradesh
ABSTRACT
The “Right to Privacy” was recognized as a Fundamental Right in Justice. K.S. Puttaswamy (Retd.) v. Union of India (2017)1 marking a historic moment in Indian constitutional law. However, the transition from official declaration to real implementation has not been smooth. After this historic ruling, which rejected previous restrictive interpretation and created a strong foundation for future privacy claims under Articles 14, 19, and 21 of the constitution, this essay critically examines how India's privacy jurisprudence has evolved. The supreme court developed a robust three part- test legality, legitimate intent and proportionality to access any official breach of privacy.
Building on these concepts the report looks at how subsequent supreme court rulings expanded and applied the right to privacy in a variety of contexts, including digital access, corporate data practices, marital privacy, and the use of biometric data.(Aadhaar)
Furthermore, the report evaluates the legislative response, particularly the enactment of the Digital personal Data protection Act, 2023. and its adequacy in addressing emerging privacy concerns. In its conclusion, it emphasizes how crucial the judiciary is in preserving personal freedom and dignity in an increasingly data-driven world.
Through a doctrinal and analytical approach, this study emphasizes the evolving and dynamic nature of privacy rights in India. It argues for stronger institutional safeguards, informed judicial oversight, and public accountability to uphold the spirit of Puttaswamy in the face of rapid technological and societal changes.
Keywords: Right to Privacy, Puttaswamy Judgment, Indian Constitutional Law, Informational Privacy, Proportionality Test
