Impact of “Right to Privacy” judgement under Articles 25 & 26

Note received on email from Sh. T R Ramesh on the recent Right to Privacy judgment.


I provide these two excerpts from the Nine Judge Constitutional Bench’s judgment on Right to Privacy.

I think that their Lordships’ observations not only further strengthens the fundamental rights under Article 25 and 26 – it also classifies government’s interference in those rights are interference in Right to Privacy too.

Excerpts from the Nine Judge Constitutional Bench’s
(Supreme Court of India)
Judgment regarding Right to Privacy

 

From Justice Bobde’s Judgment:

…32. Ex facie, privacy is essential to the exercise of freedom of conscience and the right to profess, practice and propagate religion vide Article 25. The further right of every religious denomination to maintain institutions for religious and charitable purposes, to manage its own affairs and to own and administer property acquired for such purposes vide Article 26 also requires privacy, in the sense of non-interference from the state…  (Emphasis supplied)

From Justice Nariman’s Judgment:

Footnote in page 49 of the Judgment

7 This view of the law is obviously incorrect. If the Preamble to the Constitution of India is to be a guide as to the meaning of the expression “liberty” in Article 21, liberty of thought and expression would fall in Article 19(1)(a) and Article 21 and belief, faith and worship in Article 25 and Article 21. Obviously, “liberty” in Article 21 is not confined to these expressions, but certainly subsumes them. It is thus clear that when Article 21 speaks of “liberty”, it is, at least, to be read together with Articles 19(1)(a) and 25. (Emphasis Supplied)

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