REVISIT OF THE RIGHT TO PRIVACY IN INDIA WITH SPECIAL REFERENCE TO JUSTICE K S PUTTASWAMY vs THE UNION OF INDIA DECISION

Abstract

The absence of an explicit mention of the Right to Privacy in India led to the long lasted controversy as to its protection under the Indian Constitution 1950. Despite the initial and earlier judicial endeavors, the position remained controversial for decades. It was until August 2017 that the Supreme Court Nine Judges Bench authoritatively got rid of the creases engulfing the protection of the Right to Privacy under part III of the Indian Constitution. Hence, this piece, revisit the Development of the Right with a view to point out some recommendation. This piece argues that the decision is a welcome milestone in the country owing to the Right’s inherent significance most especially in the contemporary times. However unfortunately, the Court has missed a golden chance in adopting the US Standard of Privacy limitation—Compelling State Interest without examining it thoroughly. Being a foreign doctrine the court ought to examine it thoroughly. Again, despite the milestone, it is yet to be seen how the Right will manifest in different circumstances owing to the absence of catalogue approach in determining the right’s confines.