सुप्रीम कोर्ट का 'राइट टू बी फॉरगॉटन' पर निर्णय
सुप्रीम कोर्ट ने एक महत्वपूर्ण फैसले में 'भूल जाने के अधिकार' (Right to be Forgotten) को निजता के अधिकार का हिस्सा माना है।
2-Minute Summary (TL;DR)
- Supreme Court recognized 'Right to be Forgotten' as part of Article 21 (Right to Life and Personal Liberty) on May 2, 2026.
- Individuals can request removal of outdated/irrelevant personal info from search engines.
- The right is not absolute and must be balanced with freedom of speech (Article 19(1)(a)) and public interest.
- Judgment aims to protect individual dignity and control digital footprint.
- Decision draws parallels with EU's GDPR and the 2014 Google Spain case.
- It follows the 2017 Justice K.S. Puttaswamy judgment recognizing the Right to Privacy.
- The ruling will influence future data protection laws in India.
- A case-by-case analysis is required to apply the Right to be Forgotten.
How This Topic is Tested in Competitive Exams
| Exam | Frequency | Approx. Marks | What Gets Asked |
|---|---|---|---|
| UPSC / State PCS | Very High | 15–25 | Polity is a core UPSC subject. Both Prelims and Mains test constitutional provisions in depth. |
| Banking (IBPS / SBI) | Medium | 2–4 | RBI Act, banking legislation, and government policies are regularly tested. |
| State PCS / PSC | High | 5–10 | State PCS papers test both central and state government structures. |
Key Facts to Remember: सुप्रीम कोर्ट का 'राइट टू बी फॉरगॉटन' पर निर्णय
- Supreme Court recognized 'Right to be Forgotten' as part of Article 21 (Right to Life and Personal Liberty) on May 2, 2026.
- Individuals can request removal of outdated/irrelevant personal info from search engines.
- The right is not absolute and must be balanced with freedom of speech (Article 19(1)(a)) and public interest.
- Judgment aims to protect individual dignity and control digital footprint.
- Decision draws parallels with EU's GDPR and the 2014 Google Spain case.
- It follows the 2017 Justice K.S. Puttaswamy judgment recognizing the Right to Privacy.
- The ruling will influence future data protection laws in India.
- A case-by-case analysis is required to apply the Right to be Forgotten.
Practice Questions
Q1. The Supreme Court of India, in its May 2, 2026 judgment, declared the 'Right to be Forgotten' as an integral part of which fundamental right?
- Right to Equality (Article 14)
- Freedom of Speech and Expression (Article 19(1)(a))
- Right to Life and Personal Liberty (Article 21)
- Right against Exploitation (Article 23)
Explanation: The Supreme Court explicitly linked the 'Right to be Forgotten' to Article 21 of the Constitution, which guarantees the Right to Life and Personal Liberty. This right is considered crucial for protecting an individual's dignity and privacy in the digital age.
Q2. According to the Supreme Court's ruling, the 'Right to be Forgotten' is not considered absolute. It must be balanced against which of the following?
- Right to Property (Article 300A)
- Freedom of Speech and Expression (Article 19(1)(a)) and Public Interest
- Right to Constitutional Remedies (Article 32)
- Right to Freedom of Religion (Article 25)
Explanation: The judgment clearly states that the 'Right to be Forgotten' is not absolute and needs to be balanced with the fundamental right to freedom of speech and expression (Article 19(1)(a)) and the legitimate public interest in accessing information.
Q3. Which international regulation, dealing with data protection and privacy, was referenced in the context of the Indian Supreme Court's judgment on the 'Right to be Forgotten'?
- The California Consumer Privacy Act (CCPA)
- The General Data Protection Regulation (GDPR)
- The Personal Information Protection and Electronic Documents Act (PIPEDA)
- The Health Insurance Portability and Accountability Act (HIPAA)
Explanation: The Supreme Court's decision acknowledged the global trend in data protection and drew parallels with international frameworks, notably mentioning the European Union's General Data Protection Regulation (GDPR), which includes provisions similar to the 'Right to be Forgotten'.
Q4. The Supreme Court's recognition of the 'Right to be Forgotten' is seen as a significant development following which earlier landmark Indian Supreme Court judgment?
- Maneka Gandhi vs. Union of India (1978)
- Kesavananda Bharati vs. State of Kerala (1973)
- Shreya Singhal vs. Union of India (2015)
- Justice K.S. Puttaswamy (Retd.) vs. Union of India (2017)
Explanation: The 2017 judgment in the Justice K.S. Puttaswamy (Retd.) case, which established the Right to Privacy as a fundamental right under Article 21, laid the constitutional groundwork for subsequent interpretations and recognitions, including the 'Right to be Forgotten'.
Q5. What is a key implication of the Supreme Court's ruling on the 'Right to be Forgotten' for individuals?
- It grants an absolute right to remove all past online information.
- It allows individuals to control their digital footprint by removing outdated or irrelevant personal data.
- It mandates search engines to proactively delete all user data without request.
- It prioritizes public interest over individual privacy in all digital matters.
Explanation: The ruling empowers individuals to manage their online presence by seeking the removal of personal information that is no longer relevant or in the public interest, thereby helping them control their digital footprint and protect their reputation.
How to Prepare Indian Polity & Governance for Government Exams — सुप्रीम कोर्ट का 'राइट टू बी फॉरगॉटन' पर निर्णय
Map every news item to an Article or provision in the Constitution. This is what UPSC Prelims directly tests.
For SSC and Railway, focus on the practical side — who appoints whom, term lengths, and what each body does.
Note the date and context of any constitutional amendment or ordinance. Questions are often framed around the 'first time' or 'most recent' event.
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