The Role Of Judicial Activism In Expanding Privacy Rights In India: An Analysis

Aman Rahman, (LL.M.), Faculty of Law, University of Lucknow

Arush Khanna, (LL.M.), Faculty of Law, University of Lucknow

ABSTRACT

This research explores the essential role of judicial activism in the expansion of privacy rights in India, particularly through landmark judgments and proactive interpretations of the Indian Constitution. The evolution of privacy rights, initially unaddressed in the constitutional text, has been profoundly influenced by the judiciary's dynamic approach. The landmark case of Justice K.S. Puttaswamy v. Union of India, which established privacy as a fundamental right, is a cornerstone of this evolution. The research also examines the judiciary's impact on data protection laws, including the Aadhaar judgment and the development of the Personal Data Protection Bill, 2019 highlighting the need for a comprehensive legal framework. Through an analysis of these judicial interventions, the research highlights the significance of judicial activism in safeguarding individual rights in the digital age.

Keywords: Judicial Activism, Privacy Rights, Data Protection, Justice K.S. Puttaswamy, Fundamental Rights, Public Interest Litigation (PIL), Judicial Restraint, Personal Data Protection Bill.