Privacy, Proportionality, And The Telecom Act, 2023: A Constitutional Analysis Of Surveillance Powers
- IJLLR Journal
- Jun 24
- 1 min read
Ayushi Singh, Gujarat National Law University, Gandhinagar
ABSTRACT
The Telecommunications Act, 2023 marks a significant shift in India’s legal framework for regulating communication services. While the Act replaces colonial-era legislation with a more contemporary structure, it also introduces expansive executive powers for intercepting messages, blocking communication, and suspending telecom services. These powers, framed in broad terms and lacking institutional safeguards, raise serious concerns about their compatibility with the constitutional right to privacy.
This article examines the surveillance-related provisions of the Telecom Act through the lens of key Supreme Court decisions, including Justice K.S. Puttaswamy (Retd.) v. Union of India, People’s Union for Civil Liberties v. Union of India, and Anuradha Bhasin v. Union of India. These cases collectively establish that any intrusion on fundamental rights must satisfy the tests of legality, necessity, and proportionality.
The article argues that the Telecom Act, in its current form, fails to incorporate the procedural and institutional safeguards required under constitutional jurisprudence. It concludes by recommending legal reforms that would align the Act with constitutional principles while maintaining the state’s ability to ensure national security.
