Abstract

The recognition of the right to privacy as a fundamental right in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) represents a watershed moment in Indian constitutional jurisprudence, firmly embedding privacy within the framework of dignity, autonomy, and liberty under Article 21 of the Constitution. The Supreme Court, speaking through a nine-judge bench, overruled earlier restrictive precedents and held that privacy is not merely a statutory protection but a constitutionally guaranteed intrinsic right forming part of the basic structure of human dignity. This doctrinal transformation coincides with India’s rapid digitalization, where personal data has become a core resource for governance, economic activity, and algorithmic decision-making. However, the transition from constitutional recognition to effective enforcement remains incomplete due to structural regulatory gaps, weak institutional independence, and expanding state and corporate surveillance. The enactment of the Digital Personal Data Protection Act, 2023 introduces a consent-based regulatory model, yet it has been criticized for broad state exemptions and limited judicial oversight. This paper critically analyses the evolution of privacy jurisprudence in India, integrates comparative insights from foreign legal systems such as the EU’s GDPR regime and US constitutional privacy doctrine, and examines emerging technological challenges including artificial intelligence, biometric surveillance, and blockchain systems. It argues that India is entering a post-constitutional-privacy enforcement gap, where judicial recognition is strong but institutional safeguards remain underdeveloped.

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