Right to Privacy — Prelims Strategy

Prelims Strategy

For Prelims, the strategy for the Right to Privacy should focus on factual accuracy and conceptual clarity. Firstly, memorize the key landmark judgments in chronological order: M.P. Sharma (1954), Kharak Singh (1962), Govind (1975), and most importantly, K.

S. Puttaswamy (2017). Understand the specific holding of each case and how it contributed to the evolution of privacy. Secondly, thoroughly grasp the core tenets of the Puttaswamy judgment: its declaration of privacy as a fundamental right under Article 21, its connection to human dignity, and the three-fold proportionality test (legality, legitimate state aim, proportionality).

Thirdly, pay close attention to the Digital Personal Data Protection Act (DPDPA) 2023. Know its key provisions, such as 'Data Fiduciary,' 'Data Principal,' consent requirements, 'deemed consent' exceptions, the Data Protection Board of India, and its scope.

Be aware of the broad exemptions for government agencies, as this is a common area for tricky questions. Fourthly, understand the various dimensions of privacy (informational, bodily, decisional, communicational) and be able to identify examples for each.

Finally, practice MCQs that test both static constitutional provisions and recent statutory developments, focusing on distinguishing between similar-sounding legal concepts and identifying incorrect statements, especially those that overstate or understate the scope of the right or the law.