In a historic judgment, the Supreme Court of India ruled on Monday that unrestricted digital surveillance by government agencies violates the fundamental right to privacy under Article 21 of the Constitution. The verdict came in response to a 2019 petition challenging the legality of the Central Monitoring System (CMS) and the use of Pegasus spyware, alleging misuse for unauthorized snooping on journalists, activists, and politicians.
A five-judge Constitution Bench, led by Chief Justice D.Y. Chandrachud, emphasized that surveillance measures must adhere to “strict proportionality” and procedural safeguards. The court directed the government to establish a transparent legal framework for surveillance, requiring judicial oversight and mandatory post-facto notifications to individuals under scrutiny. The Bench stated, “Privacy is not a luxury for the few but a foundational right for all. Unchecked surveillance creates a chilling effect on free speech and dissent.”
The ruling also mandated the formation of an independent oversight committee comprising technical experts, jurists, and civil society members to audit surveillance requests. Additionally, the court ordered a retrospective review of all surveillance authorizations issued in the last five years.
The government had previously defended its surveillance mechanisms as essential for national security, citing threats like terrorism and cybercrime. However, the Bench countered that “national security cannot override constitutional freedoms without due process.”
Digital rights activists hailed the judgment as a “watershed moment” for civil liberties. “This decision reins in the surveillance state and reaffirms democratic accountability,” said Apar Gupta, executive director of the Internet Freedom Foundation. Opposition leaders demanded a parliamentary inquiry into alleged Pegasus misuse, while the ruling BJP emphasized compliance with the verdict.
Legal experts predict this ruling will impact pending cases related to data protection and the proposed Personal Data Protection Bill, which is yet to be passed. As India advances digitally, the judgment sets a critical precedent for balancing state security with individual rights in the digital age.
