Are there any rights guaranteed by Indian Constitution as absolute fundamental rights? Argue while emphasizing upon the Right to privacy.

Part III of the Indian Constitution is enshrined with the Fundamental Rights (FR). The idea of fundamental rights in India has been taken from the constitution of the USA. FR promotes the ideal of political democracy.

Features:

  • Some of the FRs are applicable only for the citizens of India and others for all irrespective of the country (Some exceptions are there for enemy countries).
  • Rights provided against the state action are not enforceable against the private bodies to have any constitutional remedies.
  • Parliament has the power to curtail or repeal them by constitutional amendment.

Absolute or not: No FR is absolute but qualified in nature. Necessary restrictions could be imposed which is subject to the decisions of the court. That implies it provides a balance between individual liberty and social control.

Right to privacy: The right to privacy is an element that ensures the restrain of any governmental or private actions that threaten the privacy of the individuals.

Apex court’s verdict: The Supreme Court ensured that Indians enjoy a fundamental right to privacy, as per Article 21 of the Indian constitution.

Is it absolute: The right to privacy and data protection in the context of state’s interference are totally two different concepts.

People endanger their right to privacy themselves by associating with modern technologies, social media platforms, third-party apps.

On the other hand, it is true that the right to privacy does not provide protection from the State’s admittance.

Hence, the right to privacy is not absolute and cannot prevent the State from implementing laws that impose restrictions on citizens but it is intrinsic to life and liberty.

Question for UPSC Mains:
Are there any rights guaranteed by Indian Constitution as absolute fundamental rights? Argue while emphasizing upon the Right to privacy.

Published: November 25, 2017 | Modified:August 31, 2020

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