Trace the evolution of Right to Privacy as a significant provision under Article 21.
The Right to Privacy has evolved as a significant dimension of Article 21, which guarantees the Right to Life and Personal Liberty. Initially not explicitly mentioned in the Constitution, privacy gradually emerged through judicial interpretation, reflecting the dynamic nature of fundamental rights.
1. Early Judicial Approach: Rejection Phase
In M.P. Sharma v. Satish Chandra (1954), an eight-judge bench held that the Constitution does not expressly recognize a right to privacy. Similarly, in Kharak Singh v. State of UP (1962), the majority denied privacy as a fundamental right, though Justice Subba Rao’s dissent recognized it as part of personal liberty.
2. Gradual Recognition Phase
The shift began with Govind v. State of MP (1975), where the Court acknowledged privacy as implicit in Article 21, subject to reasonable restrictions. In R. Rajagopal v. State of Tamil Nadu (1994), the Court recognized the right against unauthorized publication of personal matters. Further, in PUCL v. Union of India (1997), telephone tapping was held to violate privacy unless procedure established by law is followed.
3. Constitutional Affirmation: Puttaswamy Judgment
The landmark decision in Justice K.S. Puttaswamy v. Union of India (2017) by a nine-judge bench unanimously declared that the Right to Privacy is a Fundamental Right under Articles 14, 19 and 21. The Court overruled earlier judgments in M.P. Sharma and Kharak Singh. It defined privacy to include bodily autonomy, informational privacy and decisional autonomy, linking it with dignity.
The judgment laid the foundation for data protection laws and influenced debates around Aadhaar and digital governance.
Thus, the Right to Privacy evolved from judicial hesitation to full constitutional recognition. Today, it stands as an integral part of human dignity and personal liberty under Article 21, reflecting the progressive interpretation of the Constitution in safeguarding individual freedoms.