The Supreme Court of India began hearing arguments on Monday in what legal experts are calling the most significant privacy case since the 2017 Puttaswamy judgment. A five-judge constitution bench led by Chief Justice is examining petitions that challenge broad surveillance provisions in the Digital India Act and related regulations.
The Core Arguments
Petitioners, led by a coalition of civil liberties organizations and technology companies, argue that current surveillance laws lack adequate judicial oversight and violate the fundamental right to privacy established by the Supreme Court nine years ago.
Senior advocate Arvind Datar, appearing for the petitioners, told the court that the government's ability to intercept digital communications without prior judicial approval creates a "chilling effect on free expression." He pointed to instances where journalists and activists had their devices compromised without their knowledge.
"A democracy cannot function without robust privacy protections. The state's power to surveil must be proportionate and subject to meaningful judicial review," Datar argued.
Government's Position
The Attorney General defended the surveillance framework, arguing that national security concerns require agile intelligence-gathering mechanisms. He cited recent counter-terrorism successes enabled by digital surveillance tools.
The bench has reserved two weeks for arguments from both sides, with intervenors from technology policy organizations also expected to present. Legal commentators suggest a judgment could come by the monsoon session, potentially reshaping the regulatory landscape for data protection in India.
