UPSC Mains 2017 GS2 Q12 — Right to Privacy
Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (Answer in 250 words)
Question Decoded — examiner's intent
- Directive verbs
- Examine
- Scope keywords
- scope of Fundamental Rightslatest judgementSupreme CourtRight to Privacy
- Implicit sub-parts
- Brief overview of the Justice K.S. Puttaswamy (Retd.) vs Union of India case and the resulting 'Three-fold test'.
- Expansion of Article 21 and its intersection with other Fundamental Rights like Articles 14 and 19.
- Impact of the judgement on the doctrine of 'Golden Triangle' and the concept of 'Natural Rights' versus 'Conferred Rights'.
- Reasonable restrictions on privacy including state security, digital surveillance, and personal data protection.
- Common pitfalls
- Spending too much time on the history of the Aadhar case rather than focusing on the broad 'scope' of Fundamental Rights.
- Failing to mention the specific 'three-fold test' (legality, necessity, and proportionality) for state interference.
- Ignoring the impact on other specific issues like Section 377, decriminalization of adultery, or reproductive rights which were influenced by this judgement.
- Treating privacy as a standalone right instead of an 'intrinsic part' of the right to life and liberty.
- Dimensions required
- Constitutional LawJudicial InterpretationTechnological/Digital GovernanceIndividual Autonomy vs State SovereigntySocio-Legal
- Marks allocation hint
Allocate 50 words to the introduction and the core ruling of the Puttaswamy case. Dedicate 120 words to how this expands the 'scope' through the inter-relationship of rights and the new tests of validity. Use the final 80 words to discuss implications for future legislation and concluding with the balance between privacy and state interests.
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