Who has the power to impose reasonable restrictions over fundamental rights?
A. Council of Ministers
B. Parliament
C. People
D. Cabinet
Answer
604.2k+ views
Hint: We need to remember that privacy was confirmed as a fundamental right by a nine-judge Constitution Bench of India's Supreme Court hence making it clear that anybody can challenge the actions of the state or other articles against this right. The bench collectively found that privacy was a right arising from Article $21$ of the Constitution, which ensures a right to life and personal liberty.
Complete answer:
We must know that the Fundamental Rights listed in Part III of the Constitution are not certain; it means that they can be restricted on fair grounds by law made by Parliament in this respect.But like every other fundamental right, the government also has the power to force reasonable restrictions.
The various ideas by the Constitution Bench probe into this question, carrying out what could ultimately be used by the government as fair restrictions on the fundamental right of privacy. These parts of the opinions are the most important parts of the judgment because they cover how privacy can actually be implemented as a right, at least so far as the government is involved.
If the test of reasonableness is too large, then it would matter in light that privacy is supposedly a fundamental right, as the government would have a hand in going around it. If it is adequately narrow, one may even be able to come to conclusions about what today's judgment might be for Aadhaar, amongst other government schemes that will have to be tested against this fundamental right.
As such, the views in Thursday's don't arrange the definition of privacy, nor does it offer a comprehensive test against which restrictions may be sentenced. Most opinions agree that those issues will have to be administered on a case-to-case basis. Nonetheless, the judgment goes into the question of fair restrictions.
So, the correct answer is option B.
Note: We must need to know that the justice DY Chandrachud's view, co-signed by Chief Justice of India JS Khehar, Justice RK Agrawal, as well as Justice S Abdul Nazeer, tells us of the test applied for all restrictions on Article $21$ , under which privacy is being registered.
Complete answer:
We must know that the Fundamental Rights listed in Part III of the Constitution are not certain; it means that they can be restricted on fair grounds by law made by Parliament in this respect.But like every other fundamental right, the government also has the power to force reasonable restrictions.
The various ideas by the Constitution Bench probe into this question, carrying out what could ultimately be used by the government as fair restrictions on the fundamental right of privacy. These parts of the opinions are the most important parts of the judgment because they cover how privacy can actually be implemented as a right, at least so far as the government is involved.
If the test of reasonableness is too large, then it would matter in light that privacy is supposedly a fundamental right, as the government would have a hand in going around it. If it is adequately narrow, one may even be able to come to conclusions about what today's judgment might be for Aadhaar, amongst other government schemes that will have to be tested against this fundamental right.
As such, the views in Thursday's don't arrange the definition of privacy, nor does it offer a comprehensive test against which restrictions may be sentenced. Most opinions agree that those issues will have to be administered on a case-to-case basis. Nonetheless, the judgment goes into the question of fair restrictions.
So, the correct answer is option B.
Note: We must need to know that the justice DY Chandrachud's view, co-signed by Chief Justice of India JS Khehar, Justice RK Agrawal, as well as Justice S Abdul Nazeer, tells us of the test applied for all restrictions on Article $21$ , under which privacy is being registered.
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