Question map
'Right to Privacy' is protected under which Article of the Constitution of India?
Explanation
The correct answer is Option 3 (Article 21).
The Right to Privacy was declared a Fundamental Right by a nine-judge bench of the Supreme Court in the landmark Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) case. The Court unanimously held that privacy is an intrinsic part of the Right to Life and Personal Liberty under Article 21 and forms a part of the freedoms guaranteed by Part III of the Constitution.
Why other options are incorrect:
- Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
- Article 19: Guarantees six specific freedoms (speech, assembly, etc.), but privacy is specifically anchored in Article 21.
- Article 29: Relates to the protection of the interests of minorities regarding their distinct language, script, or culture.
Thus, Article 21 is the specific constitutional provision where the Right to Privacy is protected.
PROVENANCE & STUDY PATTERN
Full viewThis is the definition of a 'Sitter'. The K.S. Puttaswamy judgment (2017) was a watershed moment. By 2021, this wasn't just current affairs; it was a core static fact in every standard book (Laxmikanth/DD Basu). If you missed this, your static revision is flawed.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Explicitly records K.S. Puttaswamy (2017) decision declaring right to privacy as a fundamental right.
- States privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21.
- Links the judgment to Part III freedoms, confirming constitutional basis rather than mere policy.
- Specifically notes right to privacy is deduced from Article 19 and Article 21.
- Cites Justice K.S. Puttaswamy v. Union of India as the authority for that deduction.
- [THE VERDICT]: Sitter. Direct hit from Laxmikanth (Chapter: Fundamental Rights or Landmark Judgements).
- [THE CONCEPTUAL TRIGGER]: The 'Umbrella Scope' of Article 21 (Right to Life and Personal Liberty) via Judicial Activism.
- [THE HORIZONTAL EXPANSION]: Memorize other Art 21 derivatives: Right to Livelihood (Olga Tellis), Right to Travel Abroad (Maneka Gandhi), Right to Marry (Hadiya Case), Right to Clean Environment (MC Mehta). Contrast with Right to Internet (Art 19 - Anuradha Bhasin).
- [THE STRATEGIC METACOGNITION]: Whenever the Supreme Court declares a new right, your first question must be: 'Which Article anchors this?' Do not stop at 'It is a fundamental right'—pin it to the specific Article number.
Right to privacy is protected as an intrinsic element of the right to life and personal liberty under Article 21.
High-yield for UPSC because many fundamental rights (e.g., right to travel, privacy) are judicially read into Article 21; mastering this helps answer questions on scope, expansion, and basic structure doctrine. It connects to cases that expand civil liberties and to governance issues involving personal liberty.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > K.S. PUTTASWAMY CASE (2017) > p. 641
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > REFERENCES > p. 164
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 4: Salient Features of the Constitution > III I Fundamental Rights > p. 30
The nine-judge Puttaswamy bench declared privacy a fundamental right and linked it to Article 21.
Essential case to cite in answers on privacy, digital rights, and constitutional interpretation; it overruled earlier precedents and is frequently tested in polity and GS mains answers.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > K.S. PUTTASWAMY CASE (2017) > p. 641
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > REFERENCES > p. 164
Privacy protection is drawn from both Article 19 (freedoms) and Article 21 (life and personal liberty), showing overlapping constitutional guarantees.
Useful for framing balanced answers on restriction of rights, reasonable restrictions, and conflicts between freedom of speech and privacy; helps in comparative questions on fundamental rights and limitations.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > REFERENCES > p. 164
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Fundamental Rights and Fundamental Duties IJl > p. 117
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > K.S. PUTTASWAMY CASE (2017) > p. 641
Right to Marry a person of one's choice (Shafin Jahan v. Ashokan K.M., 2018). Like Privacy, this is also anchored in Article 21. Also, 'Right to be Forgotten' is an evolving aspect of Article 21.
Think of Article 21 as the 'Residuary Fundamental Right'. If a right relates to bodily autonomy, dignity, or personal choices and doesn't fit the specific lists in Art 19 (speech, move, assemble) or Art 25-28 (religion), it defaults to the 'Life and Personal Liberty' bucket of Article 21.
Mains GS-2 & GS-3: Privacy (Art 21) is the bedrock for the Digital Personal Data Protection Act (DPDP). It creates a conflict between State Surveillance (National Security) and Individual Liberty, a classic GS-2 debate.