UPSC Previous Year Question | Mains GS2 | 2017

Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (Answer in 250 words)

Answer

Introduction

In Justice K.S. Puttaswamy v. Union of India (2017), a nine-judge Bench recognised privacy as a constitutionally protected right, transforming the understanding of liberty and dignity.

Expanded Scope

  • Privacy is intrinsic to life and personal liberty under Article 21 and also inheres in freedoms, equality and dignity across Part III.
  • It protects bodily integrity, decisional autonomy, family and sexual choices, informational control, identity and a private space against arbitrary intrusion.
  • Fundamental rights are not confined to physical restraint; they respond to surveillance, profiling and digital data risks.

Constitutional Limits

Privacy is not absolute. Any invasion must satisfy legality, a legitimate state aim, necessity and proportionality, with procedural safeguards and independent review. This framework disciplines welfare authentication, surveillance, data processing and restrictions on intimate choices. It also strengthens substantive equality: privacy protects vulnerable minorities from coercion and social majoritarianism. Future legislation must specify purpose limitation, data minimisation, retention controls, remedies and oversight, while courts must balance privacy with security and public health on evidence rather than assertion.

The judgment also clarifies that constitutional rights can apply horizontally through legislation and state duty, making privacy relevant to employers, digital platforms and data fiduciaries. The proposed data-protection framework must therefore provide accessible remedies beyond a purely state-centric model.

Keywords

Article 21; dignity; autonomy; informational privacy; proportionality; legality; Puttaswamy.

Topics: constitutional law, fundamental rights, puttaswamy judgment, right to privacy