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Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement ?
Explanation
The correct answer is option C because the right to privacy is protected as an intrinsic part of right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution[1]. This was definitively established in the landmark K.S. Puttaswamy case (2017), where the Supreme Court declared right to privacy as a fundamental right[1]. The Court held that privacy safeguards individual autonomy and recognizes the ability of the individual to control vital aspects of his life[1].
Article 21, which guarantees the right to life and personal liberty, has been interpreted expansively by courts to include the right to privacy as one of its intrinsic components. Part III of the Constitution contains all fundamental rights (Articles 12-35), and privacy is protected as part of these freedoms. The other options are incorrect as Article 14 deals with equality, Article 17 with untouchability, and Article 24 with child labor—none of which directly relate to the constitutional basis for the right to privacy as established by judicial interpretation.
Sources- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > K.S. PUTTASWAMY CASE (2017) > p. 641
PROVENANCE & STUDY PATTERN
Guest previewThis is the quintessential 'Current Affairs driven Static' question. The 2017 K.S. Puttaswamy judgment was the biggest legal event of the year. The strategy is simple: When the Supreme Court announces a new right, you must memorize exactly which existing Article it was 'read into' (usually Art 21 or 19).
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Do Article 14 and the provisions under the 42nd Amendment to the Constitution of India imply that the right to privacy is protected as an intrinsic part of the right to life and personal liberty?
- Statement 2: Do Article 17 and the Directive Principles of State Policy in Part IV of the Constitution of India imply that the right to privacy is protected as an intrinsic part of the right to life and personal liberty?
- Statement 3: Do Article 21 and the freedoms guaranteed in Part III of the Constitution of India imply that the right to privacy is protected as an intrinsic part of the right to life and personal liberty?
- Statement 4: Do Article 24 and the provisions under the 44th Amendment to the Constitution of India imply that the right to privacy is protected as an intrinsic part of the right to life and personal liberty?
States that the Supreme Court (K.S. Puttaswamy) declared right to privacy as intrinsic to right to life and personal liberty under Article 21.
A student could use this precedent as a baseline and then check whether Article 14 or the 42nd Amendment were relied upon or discussed in that judgment to support privacy.
Notes that rights such as travel abroad and privacy have been deduced from Article 21 (and sometimes Article 19) in landmark cases like Maneka and Puttaswamy.
One could examine the patterns of judicial deduction from Article 21 to see whether Article 14 or amendment provisions have been used similarly to ground privacy.
Shows an exam question that explicitly asks which constitutional provisions (including 'Article 14 and the provisions under the 42nd Amendment') correctly imply the given statement — indicating this combination is a recognized line of inquiry.
A student could trace the sources tested by such questions to find legislative text or case law tying Article 14/42nd Amendment to privacy claims.
Records that Article 31D was inserted by the 42nd Amendment (and later repealed), showing the 42nd Amendment did alter fundamental-rights-related provisions.
A student might inspect the specific provisions added by the 42nd Amendment (and their subject matter) to judge whether they could be read to affect privacy or Article 21 interpretations.
Clarifies that Article 14 (equality before law/equal protection) is a fundamental right available to any person, distinct from Article 21 which protects life and personal liberty.
One could analyze whether principles of equality under Article 14 have been used by courts to support privacy claims as an incident of Article 21 rights.
This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.
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This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.
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This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.
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