Abstract
The aftermath of major terror attacks in the twenty-first century unleashed serious concerns and unprecedented challenges to security across the globe. Similar to several other countries, India's response to challenges introduced several innovations in the legal and technological realm, which led to the emergence of data-driven governance through surveillance i.e. , cybersurveillance. A greater thrust towards data -driven governance led to unrelenting expansion and frenetic search for alibis to control ever larger areas of society and people. It is a significant metamorphosis in the nature of surveillance at this juncture where there is greater thrust towards normalisation of exceptional power to intercept, monitor and surveil in mundane lives. Now, surveillance is regarded not just as a technological entity. but also as a grand narrative which has accreted as a cultural entity to prevent crimes, reduce fear and insecurity and so on. However, the production of such discourse masques the corrosive effects and corrupt uses of pervasive surveillance power. Here the greater aggregation of data, accompanied by its clandestine nature, raises serious questions over its existence and profound implications on the nature of democracy. Therefore, this article aims to delineate the power to intercept, monitor and surveil by exploring mass cybersurveillance apparatus to face existential challenges, followed by analysing its counter effects on democracy, constitutionalism and rule of law.
Recommended Citation
Arun, P
(2015)
"Power to Intercept, Monitor and Surveil: Cybersurveillance and Democracy in India,"
National Law School Journal: Vol. 13:
Iss.
1, Article 5.
Available at:
https://repository.nls.ac.in/nlsj/vol13/iss1/5