<P> A nine - judge bench of the Supreme Court headed by Chief Justice JS Khehar, ruled on August 24, 2017 that the Right to Privacy is a fundamental right for Indian citizens under the Constitution of India (mostly under Article 21 and additionally under Part III rights). Thus no legislation passed by the government can unduly violate it . Specifically, the court adopted the three - pronged test required for encroachment of any Article 21 right--legality - i.e. through an existing law; necessity, in terms of a legitimate state objective and proportionality, that ensures a rational nexus between the object of the invasion and the means adopted to achieve that object . This clarification was crucial to prevent the dilution of the right in the future on the whims and fancies of the government in power . This ruling by the supreme Court will open debate about the scrapping of the archaic section 377, that criminalizes Homosexual acts of union . India is the world's biggest democracy and with this ruling, it has joined United States, Canada, South Africa, the European Union and the UK in recognizing this fundamental right . </P> <P> The new data sharing policy of Whatsapp with Facebook after Facebook acquired Whatsapp in 2014 has been challenged in the Supreme Court . The Supreme Court must decide if the right to privacy can be enforced against private entities . </P> <Table> <Tr> <Td> </Td> <Td> This section does not cite any sources . Please help improve this section by adding citations to reliable sources . Unsourced material may be challenged and removed . (June 2013) (Learn how and when to remove this template message) </Td> </Tr> </Table> <Tr> <Td> </Td> <Td> This section does not cite any sources . Please help improve this section by adding citations to reliable sources . Unsourced material may be challenged and removed . (June 2013) (Learn how and when to remove this template message) </Td> </Tr>

How has the supreme court articulated the right to privacy