- LLRJ | Lex Lumen Research Journal
- 2025
The Expanding Scope of Fundamental Rights: In the Digital Age
Author: Nimisha Singh Kushwah, The Expanding Scope of Fundamental Rights: In the Digital Age, 1(4) LLRJ 302–311 (2024).
KEYWORDS: Fundamental Rights, Digital Age, Right to Privacy, Freedom of Speech and Expression, Cyber Law, Data Protection, Surveillance and Civil Liberties, Digital Constitutionalism, Internet Censorship and Algorithmic Governance.
ABSTRACT
The 21st-century digital revolution has significantly transformed the way individuals interact with the State that leads to a redefine the constitutional rights in this recent world of digital domain. With the rapid proliferation of the internet, social media, artificial intelligence and digital governance the traditional fundamental rights mentioned in the Indian Constitution such as the right to privacy, freedom of speech and expression and the right to equality are encountering new challenges and interpretations. This paper examines how key judicial decisions like Justice K.S. Puttaswamy v. Union of India2 and Shreya Singhal v. Union of India3 have shaped and expanded these rights to address todays’ digital-age realities. The research also analyses emerging concerns such as mass surveillance, online hate speech and the digital divide, while emphasizing the necessity of a just and fair legal framework that protects civil liberties in cyberspace. By exploring intersections between technology, rights and governance this paper advocates for a rights-based approach to digital regulation that upholds constitutional values while navigating the evolving landscape of cybersecurity and national interest. The Indian Constitution, envisioned as a living document, must remain resilient and responsive in ensuring justice, liberty and equality in the digital era.
This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC-SA 4.0) licence, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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