Right to Privacy is protected under which Article of the Constitution of India?
Contents9
- AArticle 15
- BArticle 19
- CArticle 21
- DArticle 29
Show answer
Answer: (C) Article 21
In K.S. Puttaswamy v. Union of India (2017),
the Supreme Court unanimously held that Right to Privacy is a Fundamental Right under Article 21 (Right to Life and Personal Liberty).
Privacy is an intrinsic part of life and liberty.
This overruled earlier decisions (M.P. Sharma and Kharak Singh cases).
Article 15 = non-discrimination.
Article 19 = freedom of speech.
Article 29 = minority rights protection.
Answer: (c).
The 2017 Puttaswamy judgment established privacy as a fundamental right under Article 21, overruling decades of previous Supreme Court decisions that had denied this protection.
This question appeared in 2021 UPSC because the Puttaswamy verdict was directly relevant to the Aadhaar debate and data protection laws being discussed in Parliament around that time.
UPSC is testing whether students know that Article 21 has been expanded by judicial interpretation beyond just physical life to include dignity, privacy, and quality of life.
Right to Privacy under Article 21
Indian Polity Right to Privacy Article 21
Right to Privacy: Article 21 & Puttaswamy Judgment
Right to Privacy is protected under Article 21 (Right to Life and Personal Liberty)
K.S. Puttaswamy v. Union of India (2017) - landmark 9-judge bench judgment establishing privacy as fundamental right
Privacy is an intrinsic part of life and liberty - not separately enumerated but constitutionally protected
Overruled M.P. Sharma (1954) and Kharak Singh (1963) cases that denied privacy as fundamental right
Constitutional Foundation
The Right to Privacy is not explicitly mentioned in the Constitution but has been read into Article 21 through judicial interpretation. The Supreme Court established that privacy is an intrinsic part of the right to life and personal liberty, making it a fundamental right enforceable against the state.
Key Supreme Court Cases
Case | Year | Bench Strength | Ruling on Privacy |
|---|---|---|---|
M.P. Sharma v. Satish Chandra | 1954 | 8 judges | Privacy not a fundamental right |
Kharak Singh v. State of UP | 1963 | 6 judges | Privacy not a fundamental right |
K.S. Puttaswamy v. Union of India | 2017 | 9 judges | Privacy is a fundamental right under Article 21 |
Puttaswamy Judgment Key Points
Unanimous decision by 9-judge Constitution bench - highest authority on constitutional interpretation
Privacy encompasses informational privacy, bodily privacy, and decisional privacy
Three-fold test for state interference: legality, necessity, and proportionality
Applies to both government and private entities in certain circumstances
Foundation for challenging Aadhaar Act and other surveillance measures
Question Context
This question tests knowledge of which specific Article protects privacy rights. While Articles 19, 15, and 29 protect other fundamental rights, only Article 21 has been interpreted to include privacy through the Puttaswamy judgment.
Trap: Article 19 seems logical since it covers freedoms, but privacy falls under life and liberty (Article 21)
Trap: Privacy is not explicitly written in any Article - it's a judicial interpretation of Article 21
Trap: Don't confuse with Article 15 (non-discrimination) or Article 29 (minority rights protection)
Trap: M.P. Sharma and Kharak Singh cases denied privacy as fundamental right - Puttaswamy overruled them
Key Fundamental Rights Articles
Indian Polity Article 15 Article 19 Article 29
Articles 15, 19, 21 & 29: Core Fundamental Rights
Article 15 - Prohibition of discrimination on grounds of religion, race, caste, sex, place of birth
Article 19 - Six freedoms including speech, expression, assembly, association, movement, residence, profession
Article 21 - Right to life and personal liberty (includes privacy, education, livelihood through judicial interpretation)
Article 29 - Protection of interests of minorities (language, script, culture)
Articles in Question Options
Article | Right Category | Main Provision | Key Features |
|---|---|---|---|
Article 15 | Right to Equality | Prohibition of discrimination | Religion, race, caste, sex, place of birth |
Article 19 | Right to Freedom | Six fundamental freedoms | Speech, assembly, association, movement, residence, profession |
Article 21 | Right to Freedom | Life and personal liberty | Includes privacy, fair trial, livelihood, education |
Article 29 | Cultural & Educational Rights | Minority protection | Language, script, culture of minorities |
Article 21 Expanded Interpretations
Right to Privacy - K.S. Puttaswamy v. Union of India (2017)
Right to Education - Unnikrishnan v. State of AP (1993)
Right to Livelihood - Olga Tellis v. Bombay Municipal Corporation (1985)
Right to Clean Environment - Subhash Kumar v. State of Bihar (1991)
Right to Fair Trial - Hussainara Khatoon v. Home Secretary, Bihar (1979)
Fundamental Rights Classification
# Fundamental Rights (Articles 12-35)
## Right to Equality
- Article 14 - Equality before law
- Article 15 - No discrimination
- Article 16 - Equal opportunity
- Article 17 - Untouchability abolished
- Article 18 - Titles abolished
## Right to Freedom
- Article 19 - Six freedoms
- Article 20 - Ex-post facto laws
- Article 21 - Life & liberty
- Article 22 - Arrest protection
## Cultural & Educational
- Article 29 - Minority interests
- Article 30 - Minority institutionsTrap: Article 19 has 6 freedoms, not 7 (right to property was removed by 44th Amendment)
Trap: Article 15 allows positive discrimination for women, children, SC/ST/OBC (clauses 3, 4, 5)
Trap: Article 21 is the most expanded Article through judicial interpretation - not just life and liberty
Trap: Article 29 protects minority interests, Article 30 protects minority institutions - don't mix them