Digital Constitutional Rights in India: Privacy, Free Speech & the Law in the Tech Age

Vaishnavi Jayaraman | Legal Thikana

INTRODUCTION:

You are already familiar with the term ‘information technology’, which refers to any activity involving electronic equipment or computers. Even performing actions that can be classified as manual, one is likely to utilize some form of technology, such as pens and writing instruments, in such a manner that could be automated. Hence, the definition must be broadened to include ‘doing work by electronic means or technology that could be automated’. Information technology conserves energy, reduces costs, and increases efficiency. However, it works best when optimally managed. Information technology entails automation, computerization of various processes, data manipulation, surveillance, digital controls, artificial intelligence, robotics, and algorithmic governance. Indeed, it is imperative to justify expression within the greater context of human rights, especially privacy, self-identity, and even behavioral development. Such a magnifying glass might also unveil practices that are contrary to the bare minimum of decency, Humanity evolves through systems of organized or unorganized social interactions within a controlled environment, and these systems give birth to either static or plastic policies, structure, culture, or image, tai is modifiable within certain limits.

1.The Expanding Scope of Digital Free Speech

The right to freedom of speech and expression under Article 19(1)(a) of the Indian Constitution has been stretched and challenged in the digital domain. Social media platforms act as modern public squares, yet they remain privately owned. Consequently, users face suspensions, shadow bans, and content removals without the safeguards traditionally associated with state action. Although the state justifies regulation under Article 19(2) (reasonable restrictions), the opaque moderation practices of tech platforms raise the question: who guards the guardians? There is growing demand to bring transparency, accountability, and fairness in content moderation practices by aligning them with constitutional values.

Case Study: The Supreme Court’s judgment in Shreya Singhal v. Union of India (2015) struck down Section 66A of the IT Act for being vague and chilling free speech online, affirming that constitutional principles must extend into cyberspace.

2. Privacy of Data and Evaluation: The Right to Privacy

According to the landmark Puttaswamy v. Union of India (2017) ruling, privacy is a fundamental right guaranteed by Article 21. This realisation was crucial in the age of biometric IDs, predictive profiling, and mass data collection. However, this right is brittle because India does not currently have a strong data protection statute. While governmental surveillance systems function in legally ambiguous areas, tech corporations gather, process, and profit from user data with little oversight. These problems are intended to be addressed by the impending Digital Personal Data Protection Act, although some contend it depends too much on executive power.

Moving Towards a Framework of Rights-Based Tech Law India requires a tech legal system that prioritises rights and does the following:

• incorporates constitutional ideas into the governance of private technology.

• safeguards the dignity and independence of users in digital settings.

• demands accountability and openness from both public and private entities.

• promotes inclusive, equitable, and open public digital infrastructure.

  
  

conclusion

Values are not neutralised by technology. It must be governed by regulations that go beyond compliance and control in order to uphold democratic values. The Constitution must continue to serve as India's moral compass as it moves forward with its digital transformation, from artificial intelligence to e-governance. Our capacity to balance technological progress with the timeless principles of justice, liberty, and dignity will determine the future of our digital republic.