Mains Daily Question
Jan. 10, 2024

Q.3 Examine the scope of Fundamental Rights in the light of the latest judgment of the Supreme Court on Right to Privacy. (10M/150W)

Model Answer

Approach 

Introduction: Briefly introduce with mention of K.S Puttuswamy case

Body:

Heading 1: Widening of scope of Fundamental Rights

Heading 2: Challenges and subsequent measures

Conclusion: Conclude with your key remarks on how the SC Judgement has expanded the scope of Fundamental Rights in India

 

Answer

The jurisprudential landscape in India witnessed a significant shift in 2017 with the landmark judgment of the Supreme Court in the case of Justice K.S. Puttaswamy (Retd.) v. Union of India. This case not only affirmed the Right to Privacy as a fundamental right under Article 21 but also had far-reaching implications for the scope of Fundamental Rights in the Indian Constitution.

 

Widening of scope of Fundamental Rights

  • Recognition of the Right to Privacy: The Supreme Court, in a unanimous decision, recognized the Right to Privacy as an intrinsic part of the right to life and personal liberty guaranteed under Article 21. The court reasoned that privacy is essential for the protection of individual autonomy and dignity.
    • This pivotal judgment expanded the contours of Fundamental Rights, elevating the Right to Privacy to the status of a constitutional right.
  • Interplay with Other Fundamental Rights: The recognition of the Right to Privacy has a symbiotic relationship with other Fundamental Rights enshrined in the Constitution. Privacy is not only a standalone right but also intersects with rights such as freedom of speech and expression, right to equality, and protection against unreasonable searches and seizures. 
    • The Supreme Court's decision has established a nuanced understanding of the interdependence and interplay of various Fundamental Rights.
  • Impact on Personal Autonomy: Fundamental Rights, including the Right to Privacy, are instrumental in protecting personal autonomy. The judgment emphasized that individuals have the right to make choices regarding their life, including intimate and personal decisions. 
    • This has had implications in areas such as reproductive rights, sexual orientation, and lifestyle choices, where the state's intrusion has been curtailed, bolstering the concept of personal autonomy.
  • Constitutional Limitations on State Power: The Right to Privacy judgment underscored the limitations on state power when it comes to intruding into the private lives of citizens. The government's actions must adhere to the principles of legality, necessity, and proportionality. This has implications for surveillance practices, data protection, and any state action that may infringe upon an individual's privacy rights.

 

Challenges and Subsequent Measures:

  • Despite these progressive steps, the enforcement of the right to privacy faces hurdles, particularly concerning data protection in the digital era and state surveillance.
  • The right to privacy should not be misused to hide and perpetuate patriarchal attitudes. 
  • The Supreme Court's ruling has definitively outlined the application of the right to privacy in relation to the state. However, its application in dealings with non-state entities remains subject to case-specific interpretations in the future.
  • It should not pose any hindrances in the investigation of cases related to terrorism.

 

The Supreme Court's recognition of the Right to Privacy as a fundamental right has expanded the scope of Fundamental Rights in India. This landmark judgment not only affirmed the importance of individual autonomy and dignity but also set a precedent for interpreting and safeguarding other constitutional rights. The interplay between the Right to Privacy and other Fundamental Rights highlights the evolving nature of constitutional jurisprudence in India.

Subjects : Polity
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