In a significant judgment that will shape the future of digital governance in India, the Supreme Court on Monday upheld the constitutional right to digital privacy, ruling in favor of stronger safeguards over personal data collected by government and private entities.
The verdict came in response to a long-pending petition challenging the constitutionality of widespread data collection practices under various surveillance frameworks and e-governance schemes. A five-judge constitutional bench, led by Chief Justice Ramesh Kaul, unanimously held that citizens have a fundamental right to control their personal information, particularly in an increasingly data-driven society.
“Privacy is not the privilege of the elite, but the basic dignity of every citizen,” stated Justice Meera Sinha in her concurring opinion.
“State surveillance must pass the test of legality, necessity, and proportionality.”
The court emphasized the need for robust data protection legislation, urging the central government to fast-track the implementation of the Digital Rights and Protection Act, which has been pending in Parliament. It also mandated the formation of an independent data oversight authority to regulate access to and usage of citizens’ information by both public and private entities.
Legal experts are hailing the verdict as a “modern-day Kesavananda Bharati” moment for digital rights, likening its impact to past constitutional benchmarks. Civil liberties groups, privacy advocates, and members of the tech industry have all welcomed the decision, calling it a bold and necessary reaffirmation of democratic values in the digital age.
The ruling is expected to influence policy across sectors such as financial technology, health records, digital identity programs, and AI regulation.
