Topic: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
4. Right to privacy though has been held as a fundamental right by the apex court of the country; it still isn’t an absolute right. Debate. (250 words)
Reference: The Hindu
Why this question:
The article examines the concerns regarding the government’s policies and measures employed during the pandemic.
Key demand of the question:
Explain in what way Right to privacy though has been held as a fundamental right by the apex court of the country still isn’t an absolute right in our country.
Debate – Weigh up to what extent something is true. Persuade the reader of your argument by citing relevant research but also remember to point out any flaws and counter- arguments as well. Conclude by stating clearly how far you agree with the original proposition.
Structure of the answer:
Explain the concept of Fundamental rights in short.
To start with, talk about the Supreme Court’s judgment in S. Puttaswamy v. Union of India (2017); which is a landmark judgment upholding the fundamental right to privacy. The observations made in the Judgment can help in the prevailing circumstances- The right to privacy is not absolute. There exist circumstances in which the right can be legitimately curtailed. However, any such restriction must be tested against the requirements of legality, necessity and the doctrine of proportionality. Give examples and present your arguments.
Conclude with a fair and balanced opinion.