UPSC Prelims 2024 Q76: Indian Polity – Fundamental Rights
- (a) Article 15
- (b) Article 16
- (c) Article 19
- (d) Article 21
Answer: (d) Article 21
Explanation
Right to Privacy - Constitutional Position
In the landmark case Justice K.S. Puttaswamy (Retd.) vs Union of India (2017), a 9-judge constitutional bench of the Supreme Court unanimously held that:
The Right to Privacy is a fundamental right under Article 21 (Right to Life and Personal Liberty) of the Constitution.
The Court held that privacy is intrinsic to human dignity and liberty - both of which are protected by Article 21. Privacy includes:
- Bodily autonomy
- Personal information control
- Privacy of home and communication
- Sexual and reproductive autonomy
Why not other Articles:
| Article | Subject | Why Not |
|---|---|---|
| Article 15 | Prohibition of discrimination | About state discrimination on specific grounds - not privacy |
| Article 16 | Equality in public employment | Employment-related equality - not privacy |
| Article 19 | Freedoms (speech, movement, etc.) | Privacy has some overlap but Court specifically placed it under Article 21 |
| Article 21 | Right to Life and Personal Liberty | CORRECT - Court held privacy flows from life and liberty |
Answer: (d) Article 21.
Why each option is right or wrong
- (a) Incorrect. Article 15 prohibits discrimination by the state on grounds of religion, race, caste, sex, place of birth. Privacy is not about discrimination protection - it is about personal autonomy and liberty.
- (b) Incorrect. Article 16 guarantees equality of opportunity in matters of public employment. It is a specific employment-related right, not the basis for the broader right to privacy.
- (c) Incorrect. Article 19 guarantees specific freedoms (speech, assembly, movement, etc.). While privacy has some overlap with these freedoms, the Supreme Court specifically located the fundamental right to privacy under Article 21.
- (d) CORRECT. The Supreme Court in Justice K.S. Puttaswamy vs Union of India (2017) held that the Right to Privacy is a fundamental right under Article 21 (Right to Life and Personal Liberty).
Key point
Right to Privacy = Fundamental Right under Article 21 (Right to Life and Personal Liberty). Established by Supreme Court in Puttaswamy case (2017) - 9-judge unanimous bench.
Remember
The Right to Privacy is a fundamental right under Article 21 (Right to Life and Personal Liberty), as held unanimously by the Supreme Court in the Puttaswamy case (2017).
Common mistakes
- Confusing Privacy with Article 19 freedoms - while both relate to personal liberty, the Court specifically anchored privacy under Article 21, not Article 19.
- Not knowing the Puttaswamy case significance - it overruled earlier judgments (M.P. Sharma and Kharak Singh) that had denied privacy as a fundamental right.
- Thinking privacy is under Article 15 (anti-discrimination) - Article 15 is about non-discrimination by the state, not personal autonomy.
Exam tip
Puttaswamy (2017) = Privacy = Article 21. Article 21 is the most expansive fundamental right - the Supreme Court has read many rights into it: right to life with dignity, privacy, health, education, clean environment, speedy trial, etc.
Sources
- Justice K.S. Puttaswamy (Retd.) vs Union of India - Supreme Court judgment (2017)
- NCERT Class 11 Political Science - Chapter 2: Rights in the Indian Constitution