Political Science Answer Writing Practice 2018 - Week 7 - Question 6

90 Days Political Science Answer Writing Practice Question 2 for 28-Dec-2018

Instructions for Writing Answer

1. Write your answers in the comment section.

2. Experts will provide their feedback in reply.

3. Model Answers will be uploaded on this page the next day.

4. Rectify your mistakes and progress further.

5. All the Best.

28-Dec-2018 - Question 2

Right to privacy is an intrinsic part of right to life. (150 words) - 2017

For Question 1 - Click Here

Model Answer

Unanimous judgment by the Supreme Court of India (SCI) in Justice K.S. Puttaswamy  vs Union of India was a resounding victory for privacy. The ruling was the outcome of a petition challenging the constitutional validity of the Indian biometric identity scheme Aadhaar.

The judgment's ringing endorsement of the right to privacy as a fundamental right marks a watershed moment in the constitutional history of India. The one-page order signed by all nine judges declares: The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.

The right to privacy in India has developed through a series of decisions over the past 60 years. Over the years, inconsistency from two early judgments created a divergence of opinion on whether the right to privacy is a fundamental right

During the hearings, the Central government opposed the classification of privacy as a fundamental right. The government's opposition to the right relied on two early decisions—MP Sharma vs Satish Chandra in 1954, and Kharak Singh vs State of Uttar Pradesh in 1962—which had held that privacy was not a fundamental right. In Maneka Gandhi vs union of India , 1978 case the supreme court held the due process of law over procedure established by law. It was one of the first step in right to privacy .

 

The judgment will also have ramifications for a number of contemporary issues pending before the supreme court. In particular, two proceedings—on Aadhaar and on WhatsApp-Facebook data sharing—will be test grounds for the application and contours of the right to privacy in India. 

The recent Navtej Singh Jouhar vs union of India was also test for right to privacy. Thus we can privacy , which is a manifestation of dignity , is saved by supreme court in recent cases.

Note: There is no template for a correct UPSC answer, the model answer is only for your reference

 

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