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Q76 (IAS/2024) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Life Official Key

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy ?

Result
Your answer: —  ·  Correct: D
Explanation

The Supreme Court ruled that the right to privacy is protected as an intrinsic part of the 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 landmark declaration came in the K.S. Puttaswamy case (2017), where the Supreme Court declared the right to privacy as a fundamental right.[1] The nine-judge Bench judgment in K.S. Puttaswamy v Union of India conclusively established the right to privacy as a fundamental right, with the majority judgment and five concurring judgments declaring this most authoritatively.[2]

Article 21, which guarantees the right to life and personal liberty, has been interpreted expansively by the Supreme Court to include various unenumerated rights, including the right to privacy. The other articles mentioned—Article 15 (prohibition of discrimination), Article 16 (equality of opportunity in public employment), and Article 19 (protection of certain rights regarding freedom of speech, etc.)—while important fundamental rights, are not the primary constitutional basis for the right to privacy as established by the Supreme Court.

Sources
  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > K.S. PUTTASWAMY CASE (2017) > p. 641
  2. [2] 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. 133
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Q. Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy ? [A] Art…
At a glance
Origin: From standard books Fairness: High fairness Books / CA: 10/10 · 0/10
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This is a non-negotiable 'Sitter'. It validates that the 'Landmark Judgements' chapter in Laxmikanth is mandatory, not optional. The question tests the most significant constitutional development of the last decade (K.S. Puttaswamy case), proving that Polity preparation must marry static articles with dynamic judicial interpretations.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Under which Article of the Constitution of India has the Supreme Court of India held that the Right to Privacy is protected?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > K.S. PUTTASWAMY CASE (2017) > p. 641
Presence: 5/5
“Fundamental right to Related Topic/ privacy Issue : 21Related Article/ Schedule HAMD Supreme Court Judgement: It declared right to privacy as a fundamental right. It ruled that 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. It said that privacy safeguards individual autonomy and recognizes the ability of the individual to control vital aspects of his life. Impact of the Judgement: This judgement over-ruled the two earlier judgements delivered in M.P. Sharma case<sup>24</sup> (1954) and Kharak Singh case<sup>25</sup> (1962).”
Why this source?
  • Explicitly says the Supreme Court declared right to privacy a fundamental right.
  • Specifically states privacy is protected as an intrinsic part of right to life and personal liberty under Article 21.
  • Links this holding to the K.S. Puttaswamy (2017) judgment, which is the authoritative source of the ruling.
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. 133
Presence: 4/5
“If it is treated as a crime, there would be immense intrusion into the extreme privacy of the matrimonial sphere. It is better to be left as a ground for divorce, the Supreme Court observed. Right to Privacy The right to privacy as a fundamental right stands established, with conclusive determination of the nine judge Bench judgment of the Supreme Court in KS Puttaswamy v UOI. 275The majority judgment and five concurring judgments of other five judges have declared, in no uncertain terms and most authoritatively, that the right to privacy is a fundamental right. This judgment also discusses in detail the scope and ambit of the right to privacy.”
Why this source?
  • Confirms the K.S. Puttaswamy nine-judge bench conclusively established the right to privacy as a fundamental right.
  • Notes the judgment discusses the scope and ambit of the right to privacy, reinforcing the legal basis for its protection.
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SIMILAR QUESTIONS

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'Right to Privacy' is protected under which Article of the Constitution of India?

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