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Which court(s) in India are bound by the decisions of the Privy Council?
  • a)
    Supreme Court
  • b)
    High Courts
  • c)
    District Courts
  • d)
    None of the above
Correct answer is option 'D'. Can you explain this answer?
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Which court(s) in India are bound by the decisions of the Privy Counci...
According to Section 212 of the Government of India Act, 1919, the law laid down by Federal Court and any judgment of the Privy Council was binding on all courts of British India. However, post-independence, the Supreme Court became the supreme judicial authority and the decisions of the Privy Council are no longer binding on any court in India.
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Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.On 24th August 2017, the Supreme Court of India in a historic judgement declared the right to privacy as a fundamental right protected under the Indian Constitution. In declaring that this right stems from the fundamental right to life and liberty, the Courts decision has far-reaching consequences. The task before the nine-judge bench in the present case was to settle the law once and for all. This decision has connected our privacy jurisprudence over the years with our international commitments and established our conformity with comparative laws around the world.The Supreme Court confirmed that the right to privacy is a fundamental right that does not need to be separately articulated but can be derived from Articles 14, 19 and 21 of the Constitution of India.The Supreme Court was at pains to clarify that the fundamental right to privacy is not absolute and will always be subject to reasonable restrictions. It held that the State can impose restrictions on the right to privacy to protect legitimate State interests but it can only do so by following the three-pronged test summarized below:i. Existence of a law that justifies an encroachment on privacyii. A legitimate State aim or need that ensures that the nature or the content of this law falls within the zone of reasonableness and operates to guard against arbitrary State actioniii. The means adopted by the State are proportional to the objects and needs sought to be fulfilled by the lawConsequently, all State action that could have an impact on privacy will now have to be measured against this three-fold test. This is likely to have an impact on several ongoing projects including most importantly, the Aadhaar identity project.The decision was issued in order to set at rest an unsettled position in law that had a bearing on a number of cases currently before various courts of the land. Now that this has been done, each of those cases will be decided on their merits relying on the wealth of opinions expressed in the present judgement.Therefore, in the near future, we are likely to receive a series of judgements on a wide range of matters that have a bearing on different aspects of privacy which will offer greater clarity on the manner in which Indian courts will look at these issues.Q.A politician alleged that the government was illegally tapping telephones of his house and office. Subsequently, a court-monitored investigation revealed widespread wiretapping undertaken by the government without any justification. The same was challenged in the Supreme Court that it is the violation of the right to privacy. Decide.

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Which court(s) in India are bound by the decisions of the Privy Council?a)Supreme Courtb)High Courtsc)District Courtsd)None of the aboveCorrect answer is option 'D'. Can you explain this answer?
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