Analysing Judicial Overreach vs. Activism in the KS Puttaswamy vs. Union of India Judgement

Abstract

The transformational goal of the Constitution is the betterment of the individual's life and the courts play an important role in furthering this transformational goal by applying its judicial mind 1.The KS Puttaswamy vs. Union of India judgement by the Supreme Court of India is a historic ruling, especially in light of its impact on data privacy and protection against invasive data practices. Amid rapid technological advancements, this landmark decision serves as a pivotal moment in the evolution of data protection laws in India. The analysis focuses on the balance court sought between its private duty to protect the individual's liberty or its possible exceeding of judicial mandate and stepping into the shoes of the legislature and the executive. By recognizing privacy as a fundamental right, the KS Puttaswamy judgment set the stage for a more balanced approach to the challenges posed by data collection and surveillance, ensuring that technological advancements do not come at the expense of constitutional values. 1 Anubhuti Singh, The Right to Privacy as a Fundamental Right - A Critical Examination with Respect to the Case of K.S. Puttaswamy vs Union of India, 4 INDIAN J.L. & LEGAL RSCH. 1 (2022). Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947