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Can the right to privacy override national security laws under exceptional circumstances?

Posted by jobseeker Ritik Bhardwaj | Approved
Answers (1)

The right to privacy, recognized as a fundamental right under Article 21 of the Constitution in the landmark case Justice K.S. Puttaswamy v. Union of India (2017), is not absolute and can be subject to reasonable restrictions, especially in matters involving national security. The Supreme Court held that any restriction on privacy must meet the test of legality, necessity, and proportionality. This means that while national security can justify limited intrusions into privacy, such intrusions must be sanctioned by law, pursue a legitimate aim, and be proportionate to the threat involved.

In exceptional circumstances, such as threats to the sovereignty of the nation or public safety, the State may override individual privacy rights, but this cannot be done arbitrarily or secretly. Judicial oversight and procedural safeguards are essential to prevent misuse. Therefore, the right to privacy can be overridden by national security laws, but only under strict constitutional checks and with adherence to principles of due process and proportionality.

Answered by jobseeker Vipra | Approved

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