By Bharat Global Time – Constitutional Desk
June 11, 2025 | New Delhi
Historic Expansion of Fundamental Rights in 2025
In a landmark development that could reshape the citizen–State relationship in India, the Supreme Court and the Parliament have together laid the groundwork for a new era of fundamental rights, with both judicial rulings and legislative changes contributing to this evolution.
This move comes after increasing public discourse on individual freedoms, data protection, environmental safety, and digital justice.
What Are Fundamental Rights?
Fundamental Rights, enshrined in Part III of the Constitution, are those basic freedoms that every Indian citizen is entitled to—such as the Right to Equality, Freedom, Life & Personal Liberty, Religion, and Education.
In 2025, three major developments have reshaped how these rights are interpreted and applied.
1. Right to Digital Privacy (Article 21B – New Addition)
In response to growing concerns over digital surveillance, cyber harassment, and data misuse, the Supreme Court in a 7-judge bench ruling declared:
“Digital privacy is intrinsic to personal liberty under Article 21. Every citizen has the right to control personal data and communication.”
This is now being legislatively backed with the Digital Privacy and Data Sovereignty Act, 2025, granting:
- Right to be forgotten
- Right to digital consent
- Strict limits on government surveillance
2. Right to Clean Environment (Now a Standalone Fundamental Right)
Although environment protection was earlier part of Directive Principles, the Supreme Court has now elevated it to fundamental status under Article 21.
“Pollution-free air and safe water are not luxuries—they are essential to the right to life.”
Citizens can now file direct petitions in High Courts and the Supreme Court if:
- Local air/water quality drops below prescribed levels
- Illegal encroachment or deforestation is allowed by authorities
3. Right to Protection from Algorithmic Discrimination
A new interpretative extension of Articles 14 and 15 (Right to Equality and Non-Discrimination) now includes:
- Algorithmic bias in hiring, education, loan approvals, and government schemes
- Citizens can now challenge AI-based decisions that appear biased
India becomes the first democracy in Asia to officially recognize algorithmic justice as a constitutional matter.
Major Supreme Court Judgements That Enabled These Rights
🔹 Justice K.S. Puttaswamy (Retd.) vs Union of India (2025 Expansion Bench)
Expanded digital privacy rights beyond Aadhaar to all online platforms.
🔹 MC Mehta vs Union of India (2025 Reopening)
Reopened the classic environmental case to establish climate-resilient urban policies as enforceable rights.
🔹 Shaheen Qureshi vs Union Public Service Commission (2025)
Challenged discriminatory scoring by AI-based recruitment. Result: Inclusion of algorithmic bias in Article 14 interpretation.
India’s Constitutional Future: Rights in the Digital Age
These shifts show India adapting its Constitution to the realities of:
- The digital revolution
- Urban environmental degradation
- AI-based governance systems
With Fundamental Rights no longer limited to physical life but extending to digital dignity, environmental justice, and algorithmic fairness, legal scholars say this may be India’s most progressive constitutional moment since 1978 (post-Emergency rights expansion
