The Impact Of Digital Surveillance On Fundamental Rights In India: A Constitutional Analysis
- IJLLR Journal
- Apr 17, 2025
- 2 min read
Muskan, B.A. LL.B, S.S. Jain Subodh Law College, Jaipur
ABSTRACT
The increasing reliance on digital surveillance in India has sparked significant constitutional debates, particularly concerning the fundamental rights guaranteed under Part III of the Indian Constitution. In an era where data has emerged as the new oil, both government agencies and private entities have intensified their data collection and monitoring practices, often justifying them under the pretext of national security, public safety, and economic governance. However, such pervasive surveillance mechanisms pose serious concerns regarding individuals' autonomy, data privacy, freedom of speech, and protection against self-incrimination, all of which are core principles of a democratic society.
A pivotal moment in India's legal history was the landmark Supreme Court ruling in Justice K.S. Puttaswamy v. Union of India (2017)1, which unequivocally established the right to privacy as a fundamental right under Article 212 of the Constitution. The judgment affirmed that privacy is intrinsic to an individual’s dignity and liberty, forming an essential component of the fundamental right to life and personal liberty. Despite this judicial recognition, the effectiveness of privacy protections in the face of increasing mass surveillance remains contentious. The growing deployment of facial recognition technology, AI-driven predictive policing, and metadata analysis by government agencies has raised pressing concerns about the erosion of individual privacy and the potential for misuse of personal data.
This research paper critically examines the constitutional dimensions of digital surveillance in India, evaluating its far-reaching implications on fundamental rights. It explores the complex interplay between national security imperatives and personal liberties, recognizing the inherent tension between the state's duty to protect its citizens and the obligation to uphold their constitutional freedoms. As technological advancements continue to reshape the landscape of surveillance, the paper also delves into the ethical considerations surrounding emerging surveillance technologies such as Artificial Intelligence (AI), Big Data analytics, and biometric-based identification systems like Aadhaar.
