Introduction
The right to privacy is a fundamental human right that has evolved over the years to encompass various aspects of an individual’s personal life. In India, the right to privacy has been recognised as a fundamental right under Article 21 of the Constitution, which guarantees the protection of life and personal liberty.
In his essay, an attempt has been made to analyse the legal developments on the issue of the right to privacy with special reference to the landmark decision of the Supreme Court in Justice K. S. Puttaswamy (Retd) v. Union of India.
Legal Background
In 1954, the Supreme Court in M.P. Sharma v. Satish Chandra held that the constitution makers have not recognised a right to privacy as a fundamental right. It was observed that “there is no justification to import into a totally different fundamental right something which is not explicitly provided”.
Similarly, in Kharak Singh v. State of Uttar Pradesh, the Court held that the right to privacy is not a guaranteed right under the Constitution.
However, subsequent decisions did not consider themselves bound by the ratio of M.P. Sharma and Kharak Singh. Over time, the Court began to acknowledge privacy as an intrinsic part of personal liberty under Article 21.
Later, in Govind v. State of Madhya Pradesh, the Court accepted the right to privacy as a fundamental right, although subject to reasonable restrictions.
Key Judicial Developments
| Case | Year | Key Holding |
|---|---|---|
| M.P. Sharma v. Satish Chandra | 1954 | No explicit fundamental right to privacy is recognised. |
| Kharak Singh v. State of Uttar Pradesh | 1962 | Privacy is not guaranteed under the Constitution. |
| Govind v. State of Madhya Pradesh | 1975 | Privacy is accepted as a fundamental right subject to restrictions. |
Privacy Case
In Justice K. S. Puttaswamy (Retd.) v. Union of India, the Supreme Court held that the right to privacy is a fundamental right protected under the Constitution. It ruled that privacy is intrinsic to life and personal liberty under Article 21 and forms an integral part of the freedoms guaranteed by Part III of the Constitution.
Threefold Requirement Test
The Court also laid down that any invasion of privacy must satisfy the following threefold requirement:
- Legality – The existence of laws.
- Legitimate Aim – The action must pursue a legitimate state objective.
- Proportionality – There must be a rational nexus between the objects and the means adopted to achieve them.
Further, the Court emphasised that any state action must not be arbitrary and must fall within the zone of reasonableness under Article 14.
Conclusion
Proportionality is an essential facet of the guarantee against arbitrary state action because it ensures that the nature and quality of the encroachment on the right is not disproportionate to the purpose of the law.
The right to privacy has grown greatly under the Constitution over the years, notably through judicial rulings. It is now widely accepted that the right to privacy is a fundamental right under Article 21, which includes many aspects of personal liberty.
In an era of fast technological innovation, privacy protection is critical to preserving individual liberty and dignity. It is essential to defend and respect this fundamental right when developing and executing data protection and surveillance rules in order to strike a balance between individual rights and governmental interests.
