Intra-Conflict of Fundamental Rights flowing from Article 21, in consonance with P. Gopalakrishnan v. State of Kerala, (2020) 9 SCC 161
Nirupama V Shankar, Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law
Introduction
Part III of the Indian Constitution lays down the Fundamental Rights that are guaranteed to every person in India. It is often referred to as the Magna Carta and embodies the very core and essence of this code. Since the Constitution came into force, the Indian Judiciary has dynamically interpreted the rights under Part III. In doing so, the Supreme Court of India; in a plethora of judgments, has consistently expanded the scope of Article 21 and continues to do so. The widened ambit of Article 21 has led to the inclusion of a bundle of rights such as the right to live with human dignity1, the right to reputation2, the right to privacy.3 The process of interpretation of fundamental rights, often leads to a conflict between 2 fundamental rights. This causes 2 competing interests of parties to arise. Generally, these conflicts may be classified into
i. an inter-conflict between rights guaranteed by two Articles: or
ii. an intra-conflict between rights guaranteed under one Article.
