BALANCING ELECTION LAWS AND PRIVACY RIGHTS IN INDIA

With the growing economy and developing ideas of people, introduction of new technology has laid down the pattern that is exploiting the basic structure of human kind. The evolution of technology in our day to day life has balanced comfort with digital tools. There is wider question that has risen that whether digital tools helps to maintain law and order in society or exploit the privacy of individual’s by doing mass surveillance. For the protection of individual different laws have been introduced. This paper examines the importance of ‘Right to Privacy’ and its significance in election. The ongoing legal analysis that has been introduced in the data collection for the public at large even without their knowing has made the curtain for the citizens. In a country where Article 21 refers as ‘heart’ of fundamental rights, During the election period the transparency is not visible and all the powers even the location, GPS tracking is all in the power of Election Commission of India. Under the amended Information Technology Rules, 2026. Subsequently the question has been raised in the landmark precedent like Justice K.S. Puttaswamy v. Union of India. Where the importance of privacy was laid down as a fundamental right, and it must be protected at any cost, however proportionality test was introduced. If State action infringes the privacy right’s then they must align with the “proportionality test”.