Polity · 20 Aug 2026

Puttaswamy proportionality test

Consider the following statements regarding the right to privacy in India:

  1. The right to privacy was recognised as a fundamental right under Article 21 in K.S. Puttaswamy vs Union of India (2017).
  2. The Puttaswamy proportionality test requires that a state measure restricting privacy have legislative backing, serve a legitimate aim, bear a rational nexus to that aim and be necessary.
  3. The Digital Personal Data Protection Act, 2023 exempts state agencies from several of its obligations on grounds such as sovereignty and security.
AOnly one
BOnly two
CAll three
DNone
This question is based on: Delhi Police Defends Facial Recognition on Accuracy. Puttaswamy Asks About Authority First.
Take this in full test mode → Instructions for 20 Aug 2026
About this question

Why in news

The Supreme Court is examining the "proportionality" of Delhi Police's use of facial recognition technology at the July 20 Jantar Mantar protest, with the affidavit defending FRS on accuracy and necessity but not pointing to any specific statute authorising its use - leaving Puttaswamy's threshold "legality" prong unaddressed.

Why for UPSC

The Puttaswamy case and its proportionality test are among the most Prelims-tested Polity concepts of the last decade; UPSC often probes whether aspirants can name and correctly sequence all four prongs rather than just recalling the case name.

Prelims summary

Puttaswamy (2017) made privacy a Part III right under Article 21; its four-pronged proportionality test = legality, legitimate aim, rational nexus, necessity - legality (specific legislative backing) is the threshold prong and DPDP Act Section 17 exempts state agencies from several obligations.

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