Right to Privacy under Article 21 in the Digital Era: Constitutional Challenges and Prospects

The evolution of the right to privacy in India, from an implied constitutional concept to a recognizedfundamental right, reflects the dynamic interplay between law, technology, and human dignity. In thedigital era, where personal information is incessantly generated, tracked, and monetized, the protection ofindividual privacy faces unprecedented challenges. This paper critically examines the contours of theright to privacy under Article 21 of the Indian Constitution, especially in the wake of the Supreme Court’slandmark Justice K.S. Puttaswamy v. Union of India (2017) judgment, which elevated privacy to the statusof a fundamental right. It explores how technological advancements—ranging from state surveillance,artificial intelligence, and social media profiling to large-scale data analytics—have blurred theboundaries between public and private life. Through a doctrinal and analytical approach, supported byrecent case studies such as the Aadhaar litigation, Pegasus spyware controversy, and the implementationof the Digital Personal Data Protection Act, 2023, this research evaluates the constitutional, ethical, andlegal dimensions of privacy in India. The study argues that while judicial pronouncements have laid arobust foundation, the absence of a comprehensive enforcement mechanism and unchecked digitalsurveillance continue to endanger informational autonomy. Finally, it proposes a rights-based,technology-neutral, and citizen-centric framework to harmonize innovation with privacy protection,ensuring that India’s digital transformation remains consistent with constitutional morality and humandignity.