AS

Abhishek Singh

Question Q8GS2GS2

In light of recent SE judgement on the Right to Privacy, examine the scope of TPRs in India.

Open scan (p.22)

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".

4In Maneka gandhi case SC gave privacy to Due process of law over procedure established by law as given in Article 21. (5) Law must be fair, just and reasonable along with following required procedure. (6) SC has interpreted Article 21 as most widest of all FRs. Article 21 not only includes life & liberty but also those right that give meaning to life like: - Right to clean environment - Right to sleep - Right to livelihood - Right to health etc 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.
9In Maneka gandhi case SC gave privacy to Due process of law over procedure established by law as given in Article 21. 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.

363 words1 paragraphs

Topper

Abhishek Singh

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Right to Privacy and Article 21

Scope of Fundamental Rights and Restrictions

Writing Stats

363

Total words

1

Paragraphs

analytical

Tone