The Digital Panopticon And Article 21: Re- Evaluating The Right To Privacy In India's Data- Driven Constitutional Morality
- IJLLR Journal
- Dec 26, 2025
- 2 min read
Chethan D Malled, BBA LLB, MKPM RV Institute of Legal Studies
ABSTRACT
The Right to Privacy, recognized as an inherent part of the "Right to Life and personal Liberty" under Article 21 of the Indian Constitution by the Supreme Court in the pivotal K.S.Puttaswamy vs Union of India judgment, is currently facing an unprecedented modern challenge. My research examines how the mass collection of personal data by both the government and large corporations is creating a pervasive, subtle surveillance environment—what I term the "Digital Panopticon." This constant threat of being monitored— even when one isn't actively being watched—is forcing citizens to change their behaviour, thereby eroding the core principles of autonomy and dignity that underpin the Constitution.
This paper critically analyses the country’s protective measures, particularly the effectiveness of the new Digital Personal Data Protection Act (DPDPA), 2023. While this legislation fulfils the legal mandate for a data law, its numerous and expansive exemptions for government agencies—often based on vague grounds like 'public order' or 'national security'—are deeply problematic. I argue that these broad exceptions undermine the constitutional guarantees, creating a significant tension with Constitutional Morality—the requirement that the spirit of the Constitution must always be prioritized over administrative convenience.
To prevent the fundamental right to privacy from becoming merely symbolic, the judiciary must re-evaluate its role. I recommend that the courts enforce a much stricter standard of proportionality, compelling the State to prove that its intrusive data collection methods are absolutely necessary and minimally invasive. Ultimately, the survival of India’s commitment to justice and liberty in the digital age depends on the courts actively defending the private lives of its citizens against the unchecked power of the data-driven State.
Keywords: Digital Spying, Privacy Rights, Government Data Access, Constitutional Rules, Article 21, Supreme Court Verdict, New Data Law, Proportionality Test.
