In light of recent SE judgement on the Right to Privacy, examine the scope of TPRs in India.
Main Body
A) Supreme Court in puthuswamy judgment said the Right to privacy is fundamental right under Article 21 of Indian Constitution. Scope of FRs (1) In Ak Gopalan V State of Madras: various rights under Part III are not to be interlinked (2) In Maneka Gandhi case, however, the SC rejected the earlier view & held that the role of SC should be to interpret these rights in widest possible sense. (3) Justice Bhagwati: "There is no watertight compartment between various fundamental rights".
Reasonable restrictions on (*) FRs are not absolute but qualified, to eg: Article 19(2) imposed reasonable restriction on right to freedom of speech & expression based on various grounds like: - Sovereignty of state - Public order - decency - Contempt of court etc. eg: Article 25 has reasonable restriction on the ground of public order, health, decency. (8) Some FRs also available against private players eg: Article 17/23/15. (9) Their application is restricted in case of armed forces & during Martial law Fundamental rights are called as 'Magna Carta', & they ensure a government of law and not of men.
Abhishek Singh
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Right to Privacy and Article 21
Scope of Fundamental Rights and Restrictions
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