Examine the scope of Fundamental rights in the light of the latest judgments of the Supreme Court on Right to Privacy.
The Supreme Court on Justice K.S.Puttaswamy vs. Union of India has ruled that Right to privacy is integral to Right to Life and Personal Liberty guaranteed by Article 21 of the constitution.
The Fundamental Rights are mostly rights guaranteed to the individuals against the state. Most of them are prohibitive and limits arbitrary state action. However, the Fundamental Rights are not absolute. The constitution has prescribed reasonable limitations which qualify the enjoyment of fundamental rights. Thus, the constitution has strived to strike a balance between individual rights and society as a whole.
Most Fundamental Rights (FR) are self executing in nature. A few (such as Article 17) require the parliament to enact laws to give effect to them.
Few rights are available only to citizens such as (Article 15, 16, 29, 30). Most FRs are available to both foreignness, citizens, as legal entities such as corporations and companies.
Most of them are negative in character, placing limitations on the state, while others confer privileges upon the persons.
FRs are justiciable i.e they are enforceable in a court of law. They are defended and guaranteed by the Supreme Court. Any individual whose FRs are violated can directly approach the Supreme Court seeking remedy.
FRs are not sacrosanct or permanent. They can be amended or repealed (as was Right to property) by a Constitutional Amendment by parliament. However, if such an amendment violates the basic structure doctrine of the Indian constitution it is liable to be struck down by the Supreme Court.
FRs except the ones guaranteed by Article 20 and 21 can be suspended during a National Emergency. FRs scope of operation is limited by Article 31(A). 31 B , when martial law is in effect, and to some members under government service.
In 2013, in Namit Sharma Vs Union of India, the court had declared that freedom and dignity of individual is an element of the Basic structure of Indian constitution. The court ruled that Right to life meant a Right to dignified life and not just an animal existence. This positive connotation had opened up a whole new realm in legal jurisprudence.
With a liberal progressive interpretation the court has expanded Article 21, Right to life and liberty to include numerous sub-rights that were not explicitly provided in FRs.
It has further expanded the scope of FRs and made a life of dignity and fulfillment possible. Some commentators have even called Article 21, as the heart and soul of the Indian constitution.
The inclusion of Right to Privacy as a FR is expected to have wider repercussions on Indian body politic. S.377 of IPC and the Aadhar identification program are to be subjected to scrutiny in light of these developments.