Police Drone Surveillance in Smart Cities: Privacy Concerns under Article 21 of The Indian Constitution

The growing use of drone technology in policing has significantly changed the nature of surveillance in India's Smart Cities, bringing renewed attention to the constitutional right to privacy under Article 21 of the Constitution of India. This article examines the legal and constitutional issues arising from police drone surveillance by tracing the judicial recognition of privacy as a fundamental right and analysing the existing legal framework governing drone operations. It explores how the integration of drones with technologies such as facial recognition and artificial intelligence has expanded the State's surveillance capabilities while exposing shortcomings in the areas of data protection, transparency, accountability, and independent oversight. The article further evaluates the constitutional validity of drone surveillance through the principles of legality, necessity, proportionality, and procedural safeguards developed by the Supreme Court of India. By drawing comparisons with regulatory approaches adopted in jurisdictions such as the United States, the European Union, and Canada, it argues for the adoption of a comprehensive legal framework that effectively balances public safety with the protection of individual rights. The article concludes that although drone technology offers considerable benefits for law enforcement and urban governance, its use must remain subject to meaningful constitutional safeguards to ensure that technological advancement does not erode privacy, dignity, and other fundamental freedoms in a democratic society.