The Constitution At A Crossroads: Liberty, Surveillance, And The Emerging Architecture Of Control
- IJLLR Journal
- Apr 20
- 2 min read
Sanjana Jain & Mariyam Sayeed, Christ (Deemed To Be University), Delhi NCR
ABSTRACT
The Constitution of India, since its inception, has been the successful guardian of the rights of the citizens, specifically for the downtrodden, marginalised sections of society, including the minorities. But what if the ruling regime, which has the majority in the Parliament, can override tenets of the Constitution? Unfortunately, they can indeed amend, repeal, and modify the Constitution if they have a majority of support at their disposal.
The fundamental rights enshrined in the Constitution favour freedom of speech and expression under Article 19(1) (a). However, rights like this face unprecedented challenges arising from state controls and regulations. For instance, the IT rules have expanded executive discretion, which has created a chilling effect on the voices of dissent and journalism. India has been in question for the minorities and their rights in the country in recent past because of the increasing polarisation and the weaponization of media for brewing hatred against the minorities by the ruling regime this image that is created not only hampers the essence of Press Freedom, and also our reputation in world but most importantly is a stepdown from the ideals of the constitution like equality, non-discrimination, and dignity. If there is a voice of dissent by the citizenry, the most draconian law in existence since the time of the British Rule, the Sedition and UAPA (Unlawful Activities (Prevention) Act, 1967), was used by the authorities, which undermines the procedural fairness and substantive democratic freedoms. Despite posterior to the landmark Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) judgment, which has recognised the right to privacy under Article 21 but there has been unchecked surveillance by the state on the data, dissent and political ideology of the citizens.
This paper will examine how state control and digital realities challenge the Constitutional safeguards, asking whether the existing framework can still protect these rights or if a new paradigm is needed.
Keywords: Constitutional Democracy, Freedom of Expression, Minority Rights, Press Freedom, Authoritarianism and Dissent.
