(xi)
In this vein, Telegram also relied upon the judgement of the Supreme
Court in Puttaswamy (supra). The relevant extract of the said decision
reads as under:
“310. While it intervenes to protect legitimate State
interests, the State must nevertheless put into place a
robust regime that ensures the fulfilment of a threefold
requirement. These three requirements apply to all
restraints on privacy (not just informational privacy).
They emanate from the procedural and content-based
mandate of Article 21. The first requirement that there
must be a law in existence to justify an encroachment
on privacy is an express requirement of Article 21. For,
no person can be deprived of his life or personal liberty
except in accordance with the procedure established by
law. The existence of law is an essential requirement.
Second, the requirement of a need, in terms of a
legitimate State aim, ensures that the nature and content
of the law which imposes the restriction falls within the
zone of reasonableness mandated by Article 14, which
is a guarantee against arbitrary State action. The
pursuit of a legitimate State aim ensures that the law
does not suffer from manifest arbitrariness. Legitimacy,
as a postulate, involves a value judgment. Judicial
review does not reappreciate or second guess the value
judgment of the legislature but is for deciding whether
the aim which is sought to be pursued suffers from
palpable or manifest arbitrariness. The third
requirement ensures that the means which are adopted
by the legislature are proportional to the object and
needs sought to be fulfilled by the law. Proportionality
is an essential facet of the guarantee against arbitrary
State action because it ensures that the nature and
quality of the encroachment on the right is not
disproportionate to the purpose of the law. Hence, the
threefold requirement for a valid law arises out of the
mutual interdependence between the fundamental
guarantees against arbitrariness on the one hand and
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 45 of 51
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