Freedom from Surveillance

The Longest Constitution with Priya Mirza

07-12-2022 • 10 mins

Article 21 of the Constitution guarantees every person the right to life or personal liberty. But what good is such a right if it means being under surveillance and subjected to domiciliary visits at night? This episode of The Longest Constitution looks at how courts interpreted Article 21. Just as a reminder: in the AK Gopalan case, the state upheld the preventive detention law under which Gopalan was detained. What happened though when Kharak Singh challenged the UP police laws which authorized his surveillance. We also continue in our investigations into the privy purse and what the Supreme Court decided in the matter.

On the privy purse:

  • Austin, Granville, 2003, Working a Democratic Constitution: The Indian Experience, (OUP: New Delhi).

On sedition:

  • Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, (New Delhi: OUP).

On Kharak Singh and Article 21:

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