Question 12 from UPSC CSE 2018 - Polity

Question

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?

Accepted Answer

Correct Option: C. Article 21 and the freedoms guaranteed in Part III

Strategy: Identify which Article covers 'Right to Life and Personal Liberty' — which is Article 21. The phrase 'freedoms guaranteed in Part III' refers to the set of fundamental rights, and the Supreme Court's judgment affirms that privacy is part of these. Other options mention Articles (like 14, 17, 24) and amendments irrelevant to privacy. Thus, Article 21 and Part III best capture the right to privacy.

Key Info: Article 21 of the Constitution of India guarantees the right to life and personal liberty, stating that no person shall be deprived of these except according to procedure established by law. The Supreme Court, in Justice K.S. Puttaswamy (Retd.) vs Union of India (2017), declared the right to privacy as a fundamental right intrinsic to Article 21 and integral to all rights in Part III (Articles 12–35), which collectively constitute fundamental rights. Part III includes freedoms such as equality before the law, non-discrimination, protection in respect of conviction for offences, freedom of speech and expression, and more. Article 14 deals with equality before law, Article 17 with abolition of untouchability, and Article 24 with prohibition of child labour, none of which specifically imply right to privacy. The 42nd and 44th Amendments brought significant changes: the 42nd Amendment expanded Directive Principles and fundamental duties but did not anchor the right to privacy; the 44th Amendment affected Article 21 during Emergency provisions, restoring liberties curtailed earlier. However, neither amendment nor Articles 14, 17, or 24 specifically establish right to privacy. The Puttaswamy case stands as the authoritative legal basis for interpreting privacy as intrinsic to Article 21 and Part III freedoms.

Answer

Option A: Article 14 and the provisions under the 42nd Amendment to the Constitution

Answer

Option B: Article 17 and the Directive Principles of State Policy in Part IV

Answer

Option D: Article 24 and the provisions under the 44th Amendment to the Constitution