Critical Reasoning- The Right to Privacy

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Critical Reasoning- The Right to Privacy

A holistic reading of the current state of our constitutional jurisprudence would demonstrate that the right to privacy is firmly embedded in our constitutional scheme as a non-negotiable imperative that owes no apology to a myopic view of our republican charter. Indeed, considering the fundamental principles of the nation as “not rules for the passing hour, but principles for an expanding future”, the apex court, as the ultimate arbiter of constitutional conscience, has given fundamental rights their meaning in new settings consistent with the aspirations of our people. This is so that we may have a ‘living constitution’ which can protect, preserve and defend sacrosanct libertarian values that remain the bedrock of the Republic and constitute the core of the Constitution. Rather than deny us our constitutional right , the Union Government ought to enact a privacy legislation to clearly define the rights of citizens consistent with the promise of the Constitution.

Which of the following is the author most likely to agree with?

  1. Our republican charter has a myopic view of the right to privacy
  2. The Supreme Court has been rigid in its interpretation of the Constitution
  3. The right to privacy is rooted in our constitutional scheme.
  4. A new privacy legislation has to be defined as the right to privacy is not dealt with in the Constitution.
  5.  

    • Correct Answer
      Choice C

    Detailed Solution

    The paragraph categorically states that the right to privacy is firmly embedded in our constitutional scheme as a non-negotiable imperative “that owes no apology to a myopic view of our republican charter”. That is, a narrow view of the republic charter cannot be cited to support the idea that the right to privacy is not embedded in our constitutional jurisprudence. It further argues that the Supreme Court has given fundamental rights their meaning in new settings consistent with the aspirations of our people. It recommends that the Union Government enact a privacy legislation that is consistent with this promise of the Constitution.

    The question asks which us to identify the statement the author is most likely to agree with.

    Option A- Our republican charter has a myopic view of the right to privacy.

    Clearly, that is not what the author states. This is a direct contradiction of the author’s view.

    Option B- The Supreme Court has been rigid in its interpretation of the Constitution.

    Again, the author states that the apex court has, in fact, interpreted fundamental rights in new settings consistent with the aspirations of the people. The author is not likely to agree with statement B.

    Option C- The right to privacy is rooted in our constitutional scheme.

    This is the main idea of the paragraph. The author will agree with this statement.

    Option D- A new privacy legislation has to be defined as the right to privacy is not dealt with in the Constitution.

    While the author talks of a new privacy legislation, he does not say that the right to privacy is not dealt with in the constitution. He believes the right to privacy is firmly embedded in the constitution.

    Correct Answer: Choice (c)



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