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  • Read the given passage very carefully and answer the questions. Justice MM Sundresh of the Supreme Court observed that there is a need to codify the law enabling law enfo

Read the given passage very carefully and answer the questions.

Justice MM Sundresh of the Supreme Court observed that there is a need to codify the law enabling law enforcement agencies to carry out surveillance while ensuring the fundamental rights, including the right to privacy, are safeguarded. “Any action facilitating State machinery must be backed by the authority of law. For that, there must be a codified law that empowers an investigating agency to undertake an act of surveillance. Needless to state, such a law must be subject to the Constitutional mandate, with specific reference to Part III of the Constitution. This would prevent any arbitrary action while preserving the privacy of the individual,” he said. He emphasized that the need of the hour is to take note of the voice and concerns expressed in the Puttaswamy judgment, which held that privacy is a fundamental right. There is a need to uphold privacy through the doctrine of proportionality, the judge explained. A clear demarcation is needed by drawing a Lakshman Rekha during a criminal investigation

(when surveillance is used),” he said. Speaking on the need for surveillance, Justice Sundresh said, “Surveillance and privacy must live and function together. As long as there is privacy, surveillance will certainly continue. The modern world has indeed become a difficult place to live and to maintain peace. The cost of peace is obviously very high. Any State which lacks expert surveillance would be considered a weak one and susceptible to attack from unknown sources. It may also be required in the larger interest of the public.”

Question: According to Justice MM Sundresh of the Supreme Court, what is the key aspect that needs to be ensured while enabling law enforcement agencies to carry out Surveillance?

 

Option: 1

The surveillance activities should be subject to the Constitutional mandate and the fundamental right to privacy.


Option: 2

There should be a clear demarcation drawn during criminal investigations to protect individual privacy.

 


Option: 3

The surveillance activities should be governed by a codified law that upholds the doctrine of proportionality.

 


Option: 4

The surveillance activities should be carried out in the larger interest of the public and the security of the State.

 


Answers (1)

best_answer

Justice Sundresh emphasizes the need for a codified law that empowers investigating agencies to undertake surveillance while preserving the privacy of individuals and preventing arbitrary actions. Option B is incorrect because although a clear demarcation is mentioned, it is not the key aspect emphasized by Justice Sundresh in relation to enabling surveillance. Option C is incorrect because although the doctrine of proportionality is mentioned, it is not the primary focus in the context of enabling surveillance. Option D is incorrect because although the larger interest of the public is mentioned, it does not capture the specific aspect highlighted by Justice Sundresh regarding the Constitutional mandate and the fundamental right to privacy.

 

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