Indian Polity

Q. Is  the right to privacy a fundamental right in India? Can we justify the demand to curtail this right of the public servants ? 5 marks

5 thoughts on “Indian Polity”

  1. Right to privacy is not a fundamental right it is however a legal right enshrined in article 21 of the indian constitution which deals with the protection of life and liberty. We cannot justify the curtailment of right to privacy for public servants on multiple grounds. . . . . . . . . . . 1. Corruption is not just an institutional or systemic flaw it’s an individual condition as well a person who is not a public servant can be corrupt and their actions could be just as detrimental to a nation’s interests. 2.holding public servants to higher scrutiny could lead to lesser number of people wanting to take up public service as a career. 3. Increased scrutiny could lead to lack of action on part of the public servant out of fear of persecution. 4. Once working hours are over public servants should be able to have a normal life with friends and family lack of privacy not only affects them but their near and dear ones no person can be effective in their job without a healthy balanced life. 5. Strengthening the police and judiciary for affirmative action quick prosecution with exemplary punishment is an important prerequisite to prevent corruption without which corruption cannot be tackled.

    1. First part is not appropriate.
      In the 2nd part, taking a one sided view without considering the criticisms will not be appropriate. After discussing both, you may take a stand.
      * Repeat

  2. Ans. Right to privacy was earlier recognized as implicit in the right to life and liberty ( guaranteed by Article 21 of the constitution). However, implicit rights have been subject to judicial scrutiny time and again.
    As per current judicial judgement, the right to privacy is a fundamental right enforceable against state.
    Even if it is not incorporated as a FR then also its an inferred right under article 21 and subject to reasonable restrictions on the basis of public interest. Therefore its very much embedded in the constitutional scheme.
    The demand to curtail the right to privacy of public sevant can be justified on the ground that in a democratic country people are supreme and govt officials are to be accountable to them.
    Secondly,India’s poor rank at transparency international’s corruption index, gives enough justification for this.
    In name of privacy bureaucrats many a time have undertaken various corrupt activities.
    In the realm of good government this argument becomes even more important.
    However in cases involving security issue, curtailment of the right to privacy that is at the group level is not justified.

    1. By managing your words limit, write more or why privacy is a fundamental need for the psychological well-being. It’s thus interpreted as a fundamental right. Write more on its need for the public servants in their personal life.

  3. Right to privacy means “right to be let alone”.The right to live alone without any unnecessary public interference.Constitution does nt expressively recognise the right of privacy but after the case of kharak singh vs state of UP,  SC recognised the right to privacy which is implicit in article 21.so it should be read along with personal liberty of fundamental article 21.
    When we talk about curtailing the right of privacy of public servants ,we should keep in mind that the public servants’s accountability and responsibilitys are interconnected. To ensure that there is proper use of power and authority ;some checks and balances  needs to be applied.sometimes this scrutiny leads to compromisation of right to privacy of public officials.Right to Privacy could nt be questioned on the name of public interst to  maintain balance between privacy and transparency  .

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