Counterbalancing the Right to Privacy and State Surveillance in India

With the right to privacy getting constitutional recognition as a fundamental right under the branch of right to life and personal liberty guaranteed by Article 21 of the Indian Constitution, the Indian jurisprudence pertaining to Individual autonomy and self actualization rights was undoubtedly strengthened as was the need of the hour too. Nevertheless, in absence of a balanced framework of implementation, the right remains as hollow as if it wasn’t into existence at all. There are various questions that crop up upon this legal development. Is privacy absolute in nature? If not, then what are the factors for which an individual’s privacy might be compromised and to what extent? Another relevant perspective shall be looking at the entire landscape through the lens of right to information and state security.

This paper shall Endeavour to answer the questions raised above while emphasizing on two focal points- state surveillance and right to privacy in India The write up shall delve into the jurisprudence behind both theses legal axioms and at the same time it shall trace the legislative as well as judicial corpus of the same.