Q. 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?
Answer:
Article 21 and the freedoms guaranteed in Part III
Notes: The correct answer is
[C] Article 21 and the freedoms guaranteed in Part III. This interpretation was firmly established by the Supreme Court of India in the landmark
Justice K.S. Puttaswamy (Retd.) vs. Union of India (2017) case.
- Article 21 (Statement C – Correct): The Nine-Judge Bench of the Supreme Court unanimously declared that the Right to Privacy is a fundamental right. It held that privacy is an integral part of "Life" and "Personal Liberty" enshrined in Article 21. Furthermore, the Court ruled that privacy is protected as an "interstitial" right across all the fundamental freedoms guaranteed in Part III (including Articles 14 and 19).
- Article 14 (Option A – Incorrect): While the Right to Equality (Article 14) is part of the "Golden Triangle" of the Constitution (Articles 14, 19, and 21), privacy is specifically and "intrinsically" linked to the concept of liberty in Article 21, rather than just the general provisions of amendments.
- Article 17 & DPSP (Option B – Incorrect): Article 17 deals with the Abolition of Untouchability. While Directive Principles (Part IV) aim at social welfare, they are not the primary source of the enforceable fundamental Right to Privacy.
- Article 24 (Option D – Incorrect): Article 24 prohibits the employment of children in factories and hazardous industries. It has no direct legal nexus with the Right to Privacy or the overarching theme of personal liberty.
Historically, this judgment overruled previous decisions in the
M.P. Sharma (1954) and
Kharak Singh (1962) cases, which had held that the Constitution did not specifically protect a Right to Privacy. The Puttaswamy judgment redefined Indian jurisprudence by making privacy a cornerstone of individual dignity.