Privacy: When a son overruled a father to correct an emergency era blunder
In the year 1976, the emergency era of India, the Supreme Court had made a historic blunder when it endorsed Indira Gandhi's decision to suspend right to life during emergency. The majority of that judgment was written by Justice M H beg with whom the Chief Justice A N Ray and Justices Chandrachud and P N Bhagwati had agreed. Justice H R Khanna also on the Bench had however strongly disagreed.
On Thursday, Justice Chandrachud's son, D Y Chandrachud who was part of the nine judge Constitution Bench corrected a historic blunder made in 1976. The judgments rendered by all the four judges constituting the majority in ADM Jabalpur are seriously flawed. ADM Jabalpur must be and is accordingly overruled, Justice Chandrachud held while ruling Right to Privacy is a fundamental right.
"Justice Khanna was clearly right in holding that the recognition of right to life and personal liberty under the Constitution does not denude the existence of that right, apart from it nor can there be a fatuous assumption that in adopting the Constitution, the people of India surrendered the most precious aspect of the human persona, namely, life, liberty and freedom to the state on whose mercy these rights would depend, he said.
"When histories of nations are written and critiqued, there are judicial decisions at the forefront of liberty. Yet others have to be consigned to the archives, reflective of what was, but should never have been," Justice Chandrachud also held.