Reconceptualising Privacy in India: A Doctrinal Analysis of Constitutional Foundations and Judicial Evolution

Author(s)	Mr. GUNNAM BHASKAR RAO, Prof. Dr. Sudhansu Ranjan Mohapatra
Country	India
Abstract	The right to privacy has undergone a profound transformation in Indian constitutional jurisprudence, evolving from judicial denial to recognition as a fundamental right intrinsic to life and personal liberty under Article 21 of the Constitution. This article critically examines the constitutional framework of privacy in India through a doctrinal lens, focusing on its emergence, development, and consolidation in judicial decisions. It traces the trajectory from early formalist interpretations in M.P. Sharma v. Satish Chandra and Kharak Singh v. State of Uttar Pradesh to the transformative recognition in Justice K.S. Puttaswamy v. Union of India. The article further analyses the integration of privacy within the “golden triangle” of Articles 14, 19, and 21, and evaluates the role of proportionality and dignity in shaping privacy jurisprudence. By situating Indian developments within broader constitutional theory, the paper highlights both the strengths and limitations of the current framework, particularly in the context of emerging technological challenges. It argues for a more robust and coherent doctrinal approach, supported by legislative intervention, to ensure effective protection of privacy in the digital age.
Keywords	Privacy, Constitution of India, Article 21, Puttaswamy, Proportionality, Fundamental Rights
Published In	Volume 8, Issue 4, July-August 2026
Published On	2026-08-16

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