The Right to Privacy is a fundamental right in India, protected as an intrinsic part of Article 21 (Right to Life and Personal Liberty) and the freedoms guaranteed under Part III of the Constitution.

Stand of the Judiciary

• M.P. Sharma v. Satish Chandra (1954) & Kharak Singh v. State of UP (1961), which denied privacy as a fundamental right
• Justice K.S. Puttaswamy (Retd.) vs Union of India (2017) – a 9-judge bench unanimously declared it a fundamental right

Applicability

• Available to all persons in India (not just citizens) and protected under Articles 32 & 226.

Restrictions as per the Judiciary

• The right may be restricted only by state action that passes each of the three tests:
  • Such state action must have a legislative mandate,
  • It must be pursuing a legitimate state purpose, and
  • It must be proportionate, and such state action, both in its nature and extent, must be necessary in a democratic society, and the action ought to be the least intrusive of the available alternatives to accomplish the ends.

Source: The Hindu