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In Justice K.S. Puttaswamy v. Union of India (2017), the Supreme Court recognized right to privacy as intrinsic to Article 21 and applied the ______ test to balance privacy rights with state interests in welfare delivery and national security.
- Wednesbury
- proportionality
- rational basis
- strict scrutiny
Answer: proportionality
Privacy and proportionality test: (a) Puttaswamy (2017): 9-judge bench unanimously held right to privacy intrinsic to life/liberty under Article 21; also part of freedoms under Article 19, equality under Article 14, (b) Proportionality test application: (i) Legitimate aim: State interests (welfare efficiency, national security, tax compliance), (ii) Rational connection: Means suitable to achieve aim (e.g., Aadhaar authentication reduces identity fraud), (iii) Necessity: No less restrictive alternative available (e.g., targeted vs. mass surveillance), (iv) Balancing: Benefits must outweigh privacy intrusion, (c) Applications: (i) Aadhaar authentication: Upheld for welfare schemes funded from Consolidated Fund, PAN-Aadhaar linking for tax; struck down for bank accounts, mobile numbers, school admissions, (ii) Data protection: DPDP Act, 2023 operationalizes privacy principles with consent, data minimization, security safeguards, (iii) Surveillance: Anuradha Bhasin (2020) applied proportionality to internet shutdowns, requiring publication, time-bound orders, judicial review, (d) Illustrates calibrated rights balancing: Privacy not absolute; proportionality ensures restrictions justified, not arbitrary. Essential for UPSC Mains understanding of digital rights jurisprudence.