THE RIGHT TO PRIVACY AFTER CONSTITUTIONAL RECOGNITION: A STUDY OF JUDICIAL INTERPRETATION

AUTHOR – VIBHUTI* & DR. MONIKA KHAROLA**

* LL. M. STUDENT AT THE ICFAI UNIVERSITY, DEHRADUN.

** ASSOCIATE DEAN AND ASSOCIATE PROFESSOR, DEPARTMENT OF LAW, THE ICFAI UNIVERSITY,DEHRADUN

BEST CITATION – VIBHUTI & DR. MONIKA KHAROLA, THE RIGHT TO PRIVACY AFTER CONSTITUTIONAL RECOGNITION: A STUDY OF JUDICIAL INTERPRETATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 252-263, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The constitutional recognition of the right to privacy has been considered to be a landmark in Indian constitutional law, changing the balance of power between the individual and the state in a significant manner. This paper attempts to analyse the interpretation of the right to privacy by the judiciary after it was declared to be a fundamental right under Article 21 of the Constitution of India. In doing so, the paper will trace the development of privacy jurisprudence, from being an isolated right based on facts of particular cases, to becoming a holistic right which incorporates personal autonomy, dignity, informational self-determination, and decision-making freedom among other aspects. By means of a doctrinal research of judicial decisions made subsequent to the recognition of the right to privacy, the paper will attempt to critically evaluate how the courts have defined the scope and contours of the said right in various situations, including issues related to surveillance, data security, bodily autonomy and personal decision-making. The paper will also analyse how various constitutional tests like legality, necessity, proportionality, and procedural guarantees have been applied to strike the appropriate balance between the right to privacy and the interest of the state.