Topic– Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
2) Privacy is the constitutional core of human dignity. Discuss in the light of the SC judgement on the right to privacy.(250 words)
Why this question
Right to privacy is a landmark judgement of the SC of India. It is essential to understand the essence of the judgement and the constitutional position of the right itself.
Discuss- This is an all-encompassing directive which mandates us to write in detail about the key demand of the question. We also have to discuss about the related and important aspects of the question in order to bring out a complete picture of the issue in hand.
Key demand of the question.
The question wants us to write in detail about the SC judgement on the right to privacy as a fundamental right and how the court has interpreted the right as being the constitutional core of human dignity.
Structure of the answer
Introduction– write a few introductory lines about the right to privacy. E.g A nine-judge bench of the Supreme Court has ruled that Indians enjoy a fundamental right to privacy, that it is intrinsic to life and liberty and thus comes under Article 21 of the Indian constitution.
- explain the right further. E.g The dignity of the individual, equality between human beings and the quest for liberty are the foundational pillars of the Indian Constitution; Life and personal liberty are not creations of the Constitution. These rights are recognised by the Constitution as inhering in each individual as an intrinsic and inseparable part of the human element which dwells within; Privacy is a constitutionally protected right which emerges primarily from the guarantee of life and personal liberty in Article 21 of the Constitution. Elements of privacy also arise in varying contexts from the other facets of freedom and dignity recognised and guaranteed by the fundamental rights contained in Part III etc.
- Discuss its association with dignity of an individual. E.g Privacy is the constitutional core of human dignity and has both a normative and descriptive function. At a normative level privacy sub-serves those eternal values upon which the guarantees of life, liberty and freedom are founded. At a descriptive level, privacy postulates a bundle of entitlements and interests which lie at the foundation of ordered liberty;Privacy includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation etc.
Conclusion– Based on your discussion, form a fair and a balanced conclusion on the given issue.