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International Journal of
Law
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VOL. 12, ISSUE 2 (2026)
The evolution of the right to privacy in India: A constitutional analysis
Authors
Tanushree Khichi
Abstract
Background: The right to privacy occupies a central position in India's constitutional edifice. Though not expressly enumerated in the Constitution, it has been progressively recognized as an essential component of the fundamental rights framework, particularly under Article 21, which guarantees the right to life and personal liberty.
Objective: This paper analyses the constitutional and judicial evolution of the right to privacy in India, tracing its development from early judicial scepticism to its landmark recognition as a fundamental right by the Supreme Court of India in Justice K.S. Puttaswamy v. Union of India (2017).
Methodology: The study adopts a doctrinal-analytical methodology, relying on primary sources including constitutional provisions, judicial decisions, and legislative enactments, supplemented by secondary sources comprising academic commentary and comparative legal scholarship.
Key Findings: The paper finds that the right to privacy has evolved through distinct judicial phases: initial denial, qualified recognition, and finally unanimous affirmation as a fundamental right. The Puttaswamy judgment is a watershed moment in Indian constitutional law. However, significant challenges persist in the digital era, particularly concerning data protection, state surveillance, and artificial intelligence.
Conclusion: While Indian privacy jurisprudence has made transformative strides, the Digital Personal Data Protection Act, 2023 and the absence of an independent data protection authority reveal continuing structural gaps. Stronger safeguards, robust institutional oversight, and a rights-based approach to data governance are urgently required.

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Pages:474-478
How to cite this article:
Tanushree Khichi "The evolution of the right to privacy in India: A constitutional analysis". International Journal of Law, Vol 12, Issue 2, 2026, Pages 474-478
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