Understanding the Right to Privacy: A Constitutional Perspective
By FairLex Editorial | February 15, 2026 · 1 min read
The right to privacy has been recognized as a fundamental right under Article 21 of the Indian Constitution. This landmark development came through the historic Justice K.S. Puttaswamy (Retd.) v. Union of India judgment in 2017, where a nine-judge bench unanimously declared privacy as an intrinsic part of the right to life and personal liberty.
Historical Background
The debate around the right to privacy in India has a long and complex history. Earlier decisions like M.P. Sharma v. Satish Chandra (1954) and Kharak Singh v. State of U.P. (1962) had taken a narrow view, suggesting that privacy was not a guaranteed fundamental right.
The Puttaswamy Judgment
The Supreme Court overruled these earlier decisions, holding that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.
Justice D.Y. Chandrachud, writing the leading opinion, observed: "Privacy is the constitutional core of human dignity. Privacy has both a normative and descriptive function."
Impact on Data Protection
This judgment has had far-reaching implications, particularly in the realm of data protection. It led to the formulation of the Digital Personal Data Protection Act, which seeks to regulate how personal data is collected, stored, and processed by organizations.