DAW 3rd December 2025, Mains Answer Writting 2026

DAW 3rd December 2025, Mains Answer Writting 2026

Question

Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (250 Words, 15 Marks). 

Model Answer

Approach:

 Introduction:  

  • Begin by linking India’s evolving constitutional jurisprudence with the Puttaswamy (2017) judgment recognizing Right to Privacy as a Fundamental Right under Article 21. 

  • Present it as a watershed moment redefining liberty, dignity, and modern rights. 

Body: 

  • Explain How Puttaswamy Expanded Fundamental Rights: 

  • Show expansion of Art. 21, Art. 19, Art. 14, autonomy, and limits on state power. 

  • Mention examples like Navtej Johar, Aadhaar limits, reproductive rights, surveillance checks 

  •  Highlight rise of digital rights, data protection, and privacy as part of constitutional morality. 

  • Discuss Challenges & Concerns: 

  • Briefly list issues: data gaps, surveillance, national security tension, patriarchy, tech misuse, AI risks, unclear horizontal application, low awareness. 

  • Use recent examples (Pegasus, AI profiling, Aadhaar leaks). 

  • Provide a Balanced Way Forward: 

  • Recommend strong data protection law, independent DPA, strict consent norms, oversight on surveillance, AI regulation, citizen awareness, and grievance redressal. 

Conclusion: 

  • End with a line that the privacy judgment made privacy a universal, dignity-based right, expanding India’s rights framework. 

  • Emphasize need to balance individual liberty with legitimate state interests in the digital age. 

  

         Introduction: 

  • The Indian Constitution, shaped by rich historical underpinnings, continuous evolution, and vital amendments, has strengthened its Fundamental Rights framework and basic structure. A major shift came with the 2017 Supreme Court judgment in Justice K.S. Puttaswamy v. Union of India, which recognized the Right to Privacy as an intrinsic part of Article 21, marking a watershed moment in constitutional jurisprudence and had far-reaching implications for the scope of Fundamental Rights in the Indian Constitution. 

 Body: How the Puttaswamy Judgment Expanded Fundamental Rights: 

  • Expansion of Article 21: Privacy as Core of Liberty & Dignity- 

  • Privacy was held intrinsic to “life and personal liberty” under Article 21, expanding protection over personal choices, lifestyle, food habits, dress, beliefs, and relationships. 

  • Example: The State cannot dictate what a person should eat or wear, as such intimate choices fall within the protected private sphere. 

  • Strengthening of Article 19 Freedoms: 

  • Since privacy underpins autonomy, the ruling expanded freedom of speech, movement, association, and profession (Art. 19). 

  • Example: Protection from unwarranted state surveillance strengthens free expression. 

  • Reinforced Equality under Article 14: 

  • The judgment linked privacy with equality, stating that free choice is essential for non-discriminatory treatment. 

  • Example: It laid the constitutional basis for Navtej Singh Johar (2018), decriminalizing homosexuality. 

  • Protection of Personal Autonomy: 

  • The ruling affirmed autonomy in intimate decisions, sexual orientation, reproductive rights, and bodily integrity. 

  • Example: Recognition of reproductive choices and passive euthanasia as privacy-based rights. 

  • Limits on State Power: Legality-Necessity-Proportionality- 

  • Any interference with privacy must now meet the triple test (Legality, Necessity, Proportionality). 

  • Example: In the Aadhaar judgment (2018), SC restricted Aadhaar’s use in private services, balancing welfare with privacy. 

  • Safeguards Against Surveillance & Data Misuse: 

  • The verdict strengthened protection from arbitrary searches, phone tapping, biometric misuse, and data collection. 

  • Example: It reinforced the need for lawful, justified, and proportionate surveillance. 

  • Public Health and Privacy: 

  • The COVID-19 pandemic highlighted tensions between public health needs and privacy concerns, especially with contact tracing apps, mandatory health data collection, and state surveillance. 

  • Recognition of Digital Rights & Data Protection: 

  • The ruling catalyzed India’s shift toward data protection laws and digital rights. 

  • Example: Led to the Personal Data Protection Bill (2019) and recognition of the Right to be Forgotten. 

  • Immunity from Legislative Override & Long-Term Reform: 

  • By making privacy a fundamental right, the Court gave it constitutional immunity against simple majorities and reaffirmed citizen supremacy. 

  • Example: Strengthening protection over health records, sexuality, private life, and preventing arbitrary state intrusion. 

 Challenges and Concerns Related to the Right to Privacy: 

  • Data Protection Gaps in the Digital Era: With Aadhaar data being centrally stored and tied to individuals’ biometric and demographic information, the system becomes "especially vulnerable to cyberattacks." 

  • Expanding State Surveillance: Unregulated surveillance tools risk misuse, e.g., concerns over the Pegasus spyware episode. 

  • The Puttaswamy judgment highlights the need for regulation around emerging technologies like AI and facial recognition (like the CCTNS), which can severely infringe on privacy. 

  • National Security vs Privacy Balance: Privacy cannot obstruct terror investigations, such as phone metadata used in terror-tracking cases. 

  • Patriarchal Misuse of Privacy: Privacy must not justify domestic violence or control over women’s choices, as noted in domestic abuse litigations. 

  • Horizontal Application Issues: Privacy violations by tech companies and employers remain unclear, e.g., WhatsApp data-sharing concerns. 

  • Challenges from AI, Social Media & Digital Payments: AI and digital platforms enable algorithmic profiling, as seen in targeted political advertising on social media. 

  • Lack of Comprehensive Data Protection Law: Absence of a strong law leaves data vulnerable, highlighted by debates around the Personal Data Protection Bill. 

  • Low Public Awareness: Citizens often share data without understanding risks, e.g., uninformed consent on social media apps. 

Measures and Way Forward for Strengthening Privacy Protection: 

  • Enact Robust Data Protection Law: Introduce a strong framework ensuring purpose limitation, data minimization, user rights, and accountability for all entities. 

  • Establish an Independent Data Protection Authority (DPA): A statutory DPA should monitor compliance, enforce penalties, and act as a regulatory watchdog for privacy violations. 

  • Strengthen Consent-Based Data Use: Ensure free, informed, explicit, and revocable consent, especially for sensitive data like biometrics and health records. 

  • Regulation of Surveillance & Technology: Set up judicial/legislative oversight, regulate AI, facial recognition, and digital surveillance using legality–necessity–proportionality principles. 

  • Promote Awareness, Redressal & Accountability: Enhance digital literacy, set up an appellate tribunal for privacy disputes, and mandate penalties + compensation for data violations. 

 Conclusion: 

  • The Right to Privacy judgment firmly rejected the notion that privacy is an elitist concept and affirmed it as a universal entitlement rooted in dignity and autonomy. By expanding the scope of Fundamental Rights, the decision has reshaped India’s constitutional framework-guiding modern rights in the digital era and influencing data protection reforms. Going forward, India must uphold this foundational right by balancing individual liberty with legitimate state interests in a rapidly evolving technological landscape.