Question map
Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy ?
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] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > K.S. PUTTASWAMY CASE (2017) > p. 641
- [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
PROVENANCE & STUDY PATTERN
Full viewThis 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.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- 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.
- 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.
- [THE VERDICT]: Sitter. Direct hit from Laxmikanth (Chapter 90: Landmark Judgements) or any standard coaching monthly magazine from 2017 onwards.
- [THE CONCEPTUAL TRIGGER]: The doctrine of 'Implied Fundamental Rights'. The Constitution text is short; the Supreme Court's interpretation (Jurisprudence) is vast. You must study the 'Inferred Rights' under Article 21.
- [THE HORIZONTAL EXPANSION]: Memorize these Art. 21 siblings: Right to Livelihood (Olga Tellis), Right to Speedy Trial (Hussainara Khatoon), Right to Clean Environment (MC Mehta), Right to Sleep (Ramlila Maidan case), and Right to Marry (Hadiya case). Know that MP Sharma (1954) and Kharak Singh (1962) were the judgments *overruled* by Puttaswamy.
- [THE STRATEGIC METACOGNITION]: Do not just memorize 'Article 21 = Life and Liberty'. Create a mapping table: [Right] -> [Supreme Court Case] -> [Article]. UPSC asks for the specific Article bucket for these evolved rights.
Right to privacy is protected as an intrinsic component of Article 21's guarantee of life and personal liberty.
High-yield for constitutional questions: Article 21 is frequently tested for its expansive judicial interpretation and intersections with other fundamental rights. Mastering this helps answer questions on substantive due process, personal liberties, and linking rights under Part III.
- 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 > Fundamental Rights and Fundamental Duties IJl > p. 133
K.S. Puttaswamy is the Supreme Court judgment that declared privacy a fundamental right and defined its scope.
Essential for polity and contemporary legal developments: helps in questions on landmark judgments, the evolution of fundamental rights, and the Court's role in overruling precedents. Enables comparative analysis of pre- and post-Puttaswamy jurisprudence.
- 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 > Fundamental Rights and Fundamental Duties IJl > p. 133
The Puttaswamy judgment expressly overruled earlier decisions (M.P. Sharma and Kharak Singh) that denied privacy as a fundamental right.
Important for understanding judicial review and doctrinal shifts: questions often probe how Supreme Court jurisprudence changes and the implications for fundamental rights. Knowing specific overturned precedents is useful for essays, mains answers, and case-law based MCQs.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > K.S. PUTTASWAMY CASE (2017) > p. 641
The 'Right to Access Internet' was declared a Fundamental Right under Article 19(1)(a) and 19(1)(g) in the *Anuradha Bhasin case (2020)*, unlike Privacy which is under Article 21. Confusing these two is a classic future trap.
Use the 'Residuary Right' logic. Articles 15 (Discrimination), 16 (Jobs), and 19 (Specific Freedoms like speech/move) are 'Specific Buckets'. Article 21 is the 'Umbrella Bucket' for anything essential to human existence (dignity, autonomy, privacy) that doesn't fit the specific lists. If it's about 'Self-Autonomy', it's usually Art 21.
This links directly to **GS-3 (Cyber Security & Science Tech)**. The Puttaswamy judgment is the legal foundation for the **Digital Personal Data Protection Act, 2023**. In Mains, you must cite Article 21 when discussing AI ethics, surveillance, or data sovereignty.