BEYOND PUTTASWAMY: THE EVOLUTION OF PRIVACY AS A FUNDAMENTAL RIGHT IN INDIA

Abstract

The recognition of the right to privacy as a fundamental right in India has undergone a remarkable constitutional transformation culminating in the landmark Supreme Court judgment in Justice K.S. Puttaswamy v. Union of India (2017). Building upon earlier jurisprudence that had inconsistently interpreted privacy through the lens of personal liberty, Puttaswamy redefined privacy as intrinsic to human dignity, autonomy, and the freedoms guaranteed under Article 21 and Part III of the Constitution. This paper traces the historical evolution of privacy law in India, examining shifts in judicial interpretation from M.P. Sharma (1954) and Kharak Singh (1962) to the emphatic affirmation in Puttaswamy. The research further analyzes post-Puttaswamy developments including data protection frameworks, Aadhaar-linked governance, state surveillance practices, and technological challenges posed by artificial intelligence, biometrics, and digital profiling. By critically examining legal, political, and societal dimensions of privacy protection, this paper argues that privacy has evolved into a multidimensional right that continues to adapt to emerging threats in a digital democracy. The study concludes that India is transitioning toward a comprehensive privacy regime but requires robust enforcement mechanisms, independent regulation, and constitutional safeguards to ensure that privacy is meaningfully protected against both public and private power