Right to privacy vs right to know: Supreme Court to resolve poll bonds conflict

Source: The post is based on the article “Right to privacy vs right to know: Supreme Court to resolve poll bonds conflict” published in “TOI” on 3rd November 2023

Why in the News?

The Supreme Court of India is hearing the case on the validity of the electoral bond scheme.

The case involves resolving a conflict between two important rights:

1.Voters Right to Know the source of political funding for ensuring transparency in the electoral process and

2.Right to Privacy and confidentiality of companies in exercising their right to choose which party to fund.

What is the Right to Privacy?

Privacy is defined as a human right enjoyed by every human being by virtue of his or her existence.

The Right to Privacy was not directly envisaged by the Constitution makers. It also did not find a mention in Part III of the Constitution relating to Fundamental Rights.

However, the Supreme Court gave a landmark decision on Right to Privacy in Justice K.S Puttaswamy vs Union of India case (2017).

It ruled that Right to Privacy is “intrinsic to life and personal liberty”.It is inherently protected under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.

The court also ruled that the right to privacy is not absolute, but is subject to reasonable restrictions (as is every other fundamental right).

Restrictions on Right to Privacy: The Right may be restricted only by state action that passes each of the three tests:

1.First, such state action must have a legislative mandate

2.Second, it must be pursuing a legitimate state purpose, and

3.Third, it must be proportionate i.e., such state action- both in its nature and extent, must be necessary in a democratic society and the action ought to be the least intrusive of the available alternatives to accomplish the ends.

What is the right to know?

Right to know is the species of the right to speech and expression provided by the Article 19(1) (a) of the constitution of India.
A citizen has a fundamental right to access towards information.
It is the duty of the state to protect the fundamental right.

UPSC Syllabus: Polity and Nation