K.S. Puttaswamy v. Union of India to Data Protection: The Evolution of Privacy Jurisprudence in India

Abstract

Historically, the development of privacy jurisprudence in India is among the key changes in constitutional and legal thinking, especially in reaction to the fast technological changes and the expansion of the digital economy. The historic ruling in the case of K.S. Puttaswamy v. Union of India was a change of direction since it unambiguously acknowledged the right to privacy as a primary right under Article 21 of the Constitution. This ruling did not only redefine the boundaries of individual freedom, but also developed a strong doctrine of dignity, autonomy and informational self-determination. Based on this constitutional basis, India has been making great legislative strides to control data protection, and the Digital Personal Data Protection Act, 2023 has been introduced. This paper takes a critical look at how privacy jurisprudence has taken the shape of fragmented judicial acknowledgment in pre-Puttaswamy cases up to consolidation in modern legal approaches. It examines the interaction of constitutional values and statutory regulation, including the aspect of consent, data handling, government surveillance, and responsibility of commercial actors. The paper also examines the implementation problems such as regulatory lapses, limitations to enforcement and the changing role of technology. The paper has illuminated the necessity of coherent and future oriented privacy regime by taking a doctrinal and analytical approach. It concludes that even though India has come a long way, legal innovation and institutional fortification is needed to guarantee effective privacy protection in the digital era.