Question 10 from UPSC CSE 2024 - Polity & Governan ce

Question

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

IASCODEX · Accepted Answer

Correct Option: D. Article 21

Strategy: Identify the fundamental rights context in the question. The Right to Privacy, established by the Supreme Court under Article 21's 'protection of life and personal liberty', is confirmed by Justice K.S. Puttaswamy vs Union of India. While Articles 15, 16, and 19 address discrimination, equality, and other freedoms, privacy is explicitly attached to Article 21.

Key Info: ## Right to Privacy Context

Article 21 of the Constitution of India guarantees the right to life and personal liberty. In the landmark judgment _Justice K.S. Puttaswamy (Retd.) vs Union of India_ (2017), a nine-judge Constitutional Bench of the Supreme Court unanimously held that the Right to Privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21.

Key Articles and their distinctions:
- **Article 15** -- Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
- **Article 16** -- Concerns equality of opportunity in public employment.
- **Article 19** -- Protects certain freedoms (speech, assembly, movement) but does not explicitly include privacy.

The Puttaswamy judgment overruled previous rulings (M.P. Sharma v. Satish Chandra, 1954; Kharak Singh v. State of UP, 1962) that had denied constitutional status to the right to privacy. Consequently, the Right to Privacy is now a fundamental right, subject to reasonable restrictions, and serves as the foundation for data protection, personal autonomy, and related matters in India.

IASCODEX · Answer

Option A: Article 15

IASCODEX · Answer

Option B: Article 16

IASCODEX · Answer

Option C: Article 19