Browse by Stream
QnA
Home
QnA
Go To Your Study Dashboard

Get Answers to all your Questions

header-bg qa
  • Home
  • Law
  • 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: W was found manipulating government records pertaining to the funding designated for the introduction of nuclear weapons. It was believed that W was exchanging information with the enemy nation. His mobile phone and other electronic devices were taken as soon as he was suspected, and the entire legal process was followed for questioning. In order to gather concrete evidence against him, his electronic gadgets were carefully examined. He claimed that his right to privacy was violated in this case. Identify whether his allegations are true.

 

Option: 1

If the court deems that the proper procedure was not followed, his claims will be upheld.


Option: 2

 Since the requirements of his right to privacy have been met, it can be argued that his right was violated.


Option: 3

------Since he had violated the nation’s laws, it could be argued that his right to privacy had not been violated.

 


Option: 4

 ------The violation of privacy that W claims did not occur because the entire process was carried out in accordance with the law.

 


Answers (1)

best_answer

In accordance with the passage, any action that aids State machinery must be supported by legal authority. The claim of privacy breach claimed by W cannot be upheld because every step of the process was done in accordance with the usual terms and conditions. We rule out options A and B as a result. Since the justification offered by option C does not line up with the information in the passage, it is not the correct answer.

 

Posted by

himanshu.meshram

View full answer

Similar Questions

Trending Articles/News

anam-khan

CLAT 2025 Hearing LIVE: Delhi HC seeks response from Consortium in 2 weeks; next hearing on April 7
anam-khan

CLAT PG counselling 2025 dates soon for LLM; category-wise expected cut-offs for top NLUs
anam-khan

CLAT 2025 counselling likely to begin after Delhi HC hearing on March 3; selection process explained

Latest Question