UPSC Prelims 2018 Q92: Indian Polity – Fundamental Rights
- (a) Article 14 and the provisions under the 42nd Amendment to the Constitution
- (b) Article 17 and the Directive Principles of State Policy in Part IV
- (c) Article 21 and the freedoms guaranteed in Part III
- (d) Article 24 and the provisions under the 44th Amendment to the Constitution
Answer: (c) Article 21 and the freedoms guaranteed in Part III
Explanation
Right to Privacy - Constitutional Foundation
In Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), a 9-judge Constitution Bench unanimously held that the Right to Privacy is a Fundamental Right, protected as an intrinsic part of Right to Life and Personal Liberty under Article 21 and the freedoms guaranteed in Part III (Articles 14, 19, 21 - the golden triangle).
| Option | Correct? | Detail |
|---|---|---|
| (a) Article 14 and 42nd Amendment | NO | 42nd Amendment (1976) added Fundamental Duties and words like 'Socialist', 'Secular', 'Integrity' to Preamble; it did not create Right to Privacy. |
| (b) Article 17 (abolition of untouchability) and DPSPs | NO | Article 17 is about abolition of untouchability, not privacy. |
| (c) Article 21 and the freedoms guaranteed in Part III | YES | Puttaswamy explicitly located Right to Privacy in Article 21 (Life and Personal Liberty) read with the freedoms in Part III (Articles 14, 19). |
| (d) Article 24 (child labour) and 44th Amendment | NO | Article 24 is about prohibition of child labour; 44th Amendment (1978) reversed some 42nd Amendment provisions. Not privacy. |
Answer: (c) Article 21 and the freedoms guaranteed in Part III.
Why each option is right or wrong
- (a) Incorrect. 42nd Amendment relates to Fundamental Duties and Preamble additions - it did not establish Right to Privacy.
- (b) Incorrect. Article 17 is about untouchability abolition; DPSPs are not directly the source of Right to Privacy.
- (c) CORRECT. Justice K.S. Puttaswamy (2017) rooted Right to Privacy in Article 21 (Life and Personal Liberty) and the broader freedoms in Part III (Articles 14, 19, 21 - golden triangle).
- (d) Incorrect. Article 24 is about child labour prohibition; 44th Amendment restored certain safeguards. Not privacy.
Key point
Right to Privacy = Fundamental Right under Article 21 + Part III freedoms. Established by Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) - 9-judge unanimous bench. Overruled earlier M.P. Sharma (1954) and Kharak Singh (1962) contrary views.
Remember
The Right to Privacy was declared a Fundamental Right in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) by a 9-judge unanimous Constitution Bench. The Court held it is intrinsic to Article 21 (Right to Life and Personal Liberty) and the broader freedoms guaranteed in Part III (Articles 14, 19, 21 - the golden triangle). It is not directly linked to Articles 14, 17, 24 or the 42nd/44th Amendments.
Common mistakes
- Confusing 42nd Amendment (Fundamental Duties, Preamble) with anything related to Right to Privacy.
- Missing that Puttaswamy (2017) was a 9-judge unanimous bench - the strongest possible constitutional interpretation.
- Assuming Right to Privacy is explicitly written in Constitution - it is IMPLIED under Article 21, not textually written.
Exam tip
Article 21 has generated many implied rights: Right to Privacy (Puttaswamy 2017), Right to Education (Unni Krishnan 1993 -> Art 21A 86th Amendment), Right to Livelihood (Olga Tellis 1985), Right to Sleep (Ramlila Maidan 2012), Right to Die with Dignity (Common Cause 2018).
Sources
- Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) 10 SCC 1
- Constitution of India - Articles 14, 19, 21 (Part III Fundamental Rights)