Privacy vs Security Balance — Prelims Strategy
Prelims Strategy
For Prelims, the strategy for 'Privacy vs Security Balance' must focus on factual accuracy and conceptual clarity. Aspirants should meticulously remember the names and years of landmark Supreme Court judgments (Puttaswamy 2017, PUCL 1997, Shreya Singhal 2015) and their core pronouncements.
Understand that privacy is an intrinsic part of Article 21, not explicitly mentioned, and is subject to reasonable restrictions. Key legal provisions from the Indian Telegraph Act, 1885 (Section 5(2)) and the Information Technology Act, 2000 (Section 69, 69B) are crucial, along with the associated rules (Telecommunications Interception Rules 2009, IT Rules 2021).
Pay close attention to the procedural safeguards, such as the competent authority for issuing interception orders (Union/State Home Secretary) and the review mechanism (executive committees, not judicial).
Be clear on the components of the 'proportionality test' (legality, necessity, proportionality). Current affairs related to data protection bills, new IT rules, and major surveillance controversies (e.
g., Pegasus) are high-yield areas. Practice MCQs that test your understanding of the nuances, especially distinguishing between explicit constitutional provisions and judicial interpretations, and identifying correct procedural aspects versus common misconceptions.