Question 46 from UPSC CSE 2021 - Polity & Governance

Question

âRight to Privacyâ is protected under which Article of the Constitution of India?

IASCODEX · Accepted Answer

Correct Option: C. Article 21

Strategy: Associate the 'Right to Privacy' with the 'Right to Life and Personal Liberty'. Eliminate Articles 15, 19, and 29 as they pertain to discrimination, general freedoms, and minority rights, respectively. Select Article 21, which has been interpreted to include the right to privacy.

Key Info: **Article 21: Right to Life and Personal Liberty**
Article 21 states that no person shall be deprived of their life or personal liberty except according to procedure established by law. Indian courts have interpreted this article expansively to include derivative rights essential for human dignity.

**The Right to Privacy**
In the landmark K.S. Puttaswamy (Retd.) & Anr vs Union Of India (2017) case, a nine-judge Supreme Court bench established that the right to privacy is an intrinsic part of the right to life and personal liberty under Article 21. This judgment overruled previous decisions that did not recognize privacy as a fundamental right.

The right to privacy includes:
* Autonomy over personal decisions
* Bodily integrity
* Protection of personal information

This right impacts issues such as data protection and state surveillance. It is not absolute and can be restricted by a procedure established by law.

**Irrelevant Articles**
The following articles do not pertain to the right to privacy:
* **Article 15:** Prohibition of discrimination
* **Article 19:** Protection of certain freedoms regarding speech, assembly, etc.
* **Article 29:** Protection of interests of minorities

IASCODEX · Answer

Option A: Article 15

IASCODEX · Answer

Option B: Article 19

IASCODEX · Answer

Option D: Article 29

âRight to Privacyâ is protected under which Article of the Constitution of India?

âRight to Privacyâ is protected under which Article of the Constitution of India?