The Right to Privacy in the Era of Mass Surveillance in India: A Constitutional Perspective

Abstract

The expansion of digital technologies has significantly transformed state surveillance practices in India, raising complex constitutional questions concerning privacy, liberty, and democratic governance. This paper examines the right to privacy in the context of mass surveillance from a constitutional perspective. It analyses the evolution of privacy jurisprudence in India, culminating in its recognition as a fundamental right by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v. Union of India. The study explores the nature and scope of mass surveillance, its impact on fundamental rights beyond privacy, and the limitations of the existing legal framework. It argues that unchecked surveillance poses risks to dignity, autonomy, and democratic participation. The paper concludes by emphasising the need for a rights-based surveillance framework grounded in constitutional principles, robust oversight, and accountability to ensure that security objectives do not erode fundamental freedoms.