CLAT 2020 PG

Instructions

In taking this view, Justice Rajagopala Ayyangar, speaking for a majority of five judges, relied upon the judgment of Justice Frankfurter, speaking for the US Supreme Court in Wolf v Colorado, which held:

"The security of one's privacy against arbitrary intrusion by the police ... is basic to a free society... We have no hesitation in saying that were a State affirmatively to sanction such police incursion into privacy it would run counter to the guarantee of the Fourteenth
Amendment."

While the Court observed that the Indian Constitution does not contain a guarantee similar to the Fourth Amendment of the US Constitution, it proceeded to hold that:

"Nevertheless, these extracts would show that an unauthorised intrusion into a person‘s home and the disturbance caused to him thereby, is as it were the violation of a common law right of a man an ultimate essential of ordered liberty, if not of the very concept of civilisation. An English Common Law maxim asserts that "every man‘s house is his castle‖ and in Semayne case [5 Coke 91: 1 Sm LC (13th Edn) 104 at p. 105] where this was applied, it was stated that "the house of everyone is to him as his castle and fortress as well as for his defence against injury and violence as for his repose‖. We are not unmindful of the fact that Semayne case [(1604) 5 Coke 91: 1 Sm LC (13th Edn) 104 at p. 105] was concerned with the law relating to executions in England, but the passage extracted has a validity quite apart from the context of the particular decision. It embodies an abiding principle which transcends mere protection of property rights and expounds a concept of "personal liberty" which does not rest on any element of feudalism or on any theory of freedom which has ceased to be of value."

Source: Excerpt taken from the Judgment delivered by a 9 Judge bench of the Supreme Court in 2017 and authored by Dr. D. Y. Chandrachud. J.

Question 21

The above passage is from which of the following judgments?

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Question 22

Which of the following is directly related with the central idea of the passage mentioned above?

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Question 23

The above passage mentions, "Every man's house is his castle." Who amongst the following has stated this quote in the Semayne's Case?

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Question 24

The above passage makes a mention of the judgment delivered by Justice Rajagopala Ayyangar. Which one of the following judgments is in context here?

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Question 25

Which of the following is not an interpretation of the Right to Privacy as explained by the Supreme Court in Puttaswamy judgment?

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Question 26

Which of the following is true in relation to the scope of the newly evolved 'Right to Privacy'?

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Question 27

In which of the following cases the Supreme Court held that, "Sexual orientation is an attribute of privacy. Discrimination against an individual on the basis of sexual orientation is deeply offensive to the dignity and self-worth of the individual. Equality demands that the sexual orientation of each individual in society must be protected on an even platform. The right to privacy and the protection of sexual orientation lie at the core of the fundamental rights guaranteed by Article 14, 15 and 21 of the Constitution."?

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Question 28

Speaking for four of the nine judges, Justice D.Y. Chandrachud, observes, “Individually, these information silos may seem inconsequential. In aggregation, they disclose the nature of the personality; food habits, language, health, hobbies, sexual preferences, friendships, ways of dress and political affiliation.” Which of the following is in context of the above statement?

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Question 29

Which of the following is not a tenet of the term 'Life' under Article 21 of the Constitution?

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Question 30

Recently, it has been reported that in Uttar Pradesh more than 50% of the people booked under the National Security Act were involved in cow slaughter. In Puttaswamy, which of the following judges has included food preferences in his judgment?

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