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Liberal or Strict Interpretation of Constitution: Right to Privacy

By Akshay Anurag , Neha Meena

Published In

AIR 2019 (Online)

Abstract1 As Constitution is the supreme law of the land. The task of interpreting the Constitution is exclusively different from that of construing a statute. The Constitution cannot be interpreted in a narrow or in strictly literal sense. Constitution being a perpetual organic text, the court should interpret the provisions broadly so as meet the requirements of dynamic society which can’t be achieved it will be read in a narrow and pedantic sense. Right to privacy is a fundamental right which has been recognized in Indian Constitution. Though the basic structure of the Constitution can’t be amended, the interpretation of the provisions must be flexible to an extent. Even the judges should be allowed to enlarge or expand the meaning of privacy and to stretch the meaning in extreme situations whenever it seems incumbent, also they should be allowed to mould or bend, if necessary. The judiciary should indulge in creative interpr ....

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