A Critical Analysis of Judicial Role in Strengthening Digital Privacy in India

This chapter examines the important role played by the judiciary in strengthening digital privacy in India. In the absence of a detailed legal framework in earlier times, the courts played a key role in protecting individual rights and shaping privacy law. A major development came with the landmark decision in Justice K.S. Puttaswamy v Union of India, where the Supreme Court recognised the right to privacy as a fundamental right under Article 21 of the Constitution. This judgment laid the foundation for the protection of digital privacy in India. The chapter further analyses how judicial decisions have addressed issues such as surveillance, misuse of personal data, and the need for data protection. It also explains how the judiciary balances individual privacy with state interests like national security. However, challenges such as weak enforcement and rapid technological changes still exist. Overall, the chapter highlights that judicial intervention remains essential for ensuring effective digital privacy protection in India.