← All questionsGS2 · 2017 · Polity ·Privacy Judgment and Fundamental Rights
QUESTION 12
GS2
15 marks

Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy.

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11 min
250 words

What the examiner wants

Examine how the 2017 privacy verdict widened the scope of Fundamental Rights.

ExamineGo into the details, test each point against evidence, and conclude on what it shows.

Demand-wise check

  1. 1Puttaswamy (2017): nine judges unanimously held privacy a fundamental right under Article 21 and Part III; overruled M.P. Sharma (1954) and Kharak Singh (1962) on this point≈50 words
  2. 2Scope expanded: bodily autonomy, informational privacy, decisional autonomy; three-fold test (legality, legitimate aim, proportionality)≈50 words
  3. 3Later impact: Navtej Johar (2018), Joseph Shine (2018), Aadhaar verdict (2018), DPDP Act 2023≈50 words
  4. 4Limits: reasonable restrictions; surveillance concerns persist≈50 words

Open in about 30 words and close in about 30.

Answer plan

JudgmentDoctrinal changesExpanded rights with casesLimitsConclusion

Where marks usually go

  • Only summarising the judgment without wider FR scope
  • Missing the proportionality test

Draw this

  • Tree: Article 21 → privacy → bodily, informational, decisional branches

Value addition

  • CaseK.S. Puttaswamy v Union of India (2017), nine-judge bench, unanimous.Supreme Court, 2017
  • LawDigital Personal Data Protection Act, 2023 gives statutory form to informational privacy.DPDP Act, 2023

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