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?

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2018, Q40

Contents14
UPSC Prelims GS2018Indian Polity
  1. AArticle 14 and the provisions under the 42nd Amendment to the Constitution
  2. BArticle 17 and the Directive Principles of State Policy in Part IV
  3. CArticle 21 and the freedoms guaranteed in Part III
  4. DArticle 24 and the provisions under the 44th Amendment to the Constitution
Show answer

Answer: (C) Article 21 and the freedoms guaranteed in Part III

Correct Answer: (c) Article 21 and the freedoms guaranteed in Part III

The Right to Privacy was declared a fundamental right by the Supreme Court in the landmark case of K.S. Puttaswamy vs Union of India (2017). The Court ruled that:

  • Right to Privacy is an intrinsic (built-in) part of Right to Life and Personal Liberty under Article 21.
  • It is also connected to the freedoms guaranteed under Part III (Fundamental Rights) of the Constitution.

Why the other options are wrong:

  • Option A (Article 14 + 42nd Amendment): Article 14 is about equality, and the 42nd Amendment is not specifically about privacy.
  • Option B (Article 17 + DPSPs): Article 17 abolishes untouchability — unrelated to privacy.
  • Option D (Article 24 + 44th Amendment): Article 24 prohibits child labour in factories — unrelated to privacy.

The key point: The 9-judge bench unanimously declared that privacy is a fundamental right protected under Article 21. This overruled earlier judgments (M.P. Sharma 1954 and Kharak Singh 1962) that had held otherwise.

REMEMBER: Right to Privacy = Article 21 + Part III. Puttaswamy case (2017) = 9-judge bench = unanimous decision. Privacy is part of 'life and personal liberty.' This is one of the most important constitutional law judgments for UPSC.

Why this was asked

The Supreme Court's 9-judge bench in K.S. Puttaswamy vs Union of India (2017) unanimously declared privacy a fundamental right under Article 21, overruling two earlier Supreme Court judgments from 1954 and 1962.

This landmark privacy judgment came just before the 2018 exam, making it a highly testable current affairs topic that year.

UPSC is testing whether students can connect the abstract concept of privacy to the specific constitutional articles - Article 21 for life and liberty, and Part III for fundamental rights generally.

Article 21: Right to Life and Personal Liberty

Indian Polity Article 21 Right to Life and Personal Liberty

Article 21: Right to Life & Personal Liberty - Evolution & Scope

Must know

Article 21 protects life and personal liberty against arbitrary state action

Supreme Court has expanded Article 21 beyond mere survival to include quality of life

Right to Privacy is an intrinsic part of Article 21 (Puttaswamy case 2017)

Article 21 can only be violated through procedure established by law

Article 21 states: 'No person shall be deprived of his life or personal liberty except according to procedure established by law.' Originally seen as a narrow provision, the Supreme Court has dramatically expanded its scope through judicial interpretation to cover multiple dimensions of human dignity and freedom.

Evolution of Article 21 Interpretation

Period

Judicial Approach

Key Ruling

Scope

Pre-1978

Narrow interpretation

A.K. Gopalan (1950)

Only physical existence

Post-1978

Expansive interpretation

Maneka Gandhi (1978)

Right to live with dignity

1990s onwards

Inclusive approach

Francis Coralie (1981)

Quality of life, basic needs

2017

Privacy revolution

Puttaswamy (2017)

Privacy as fundamental right

Rights Derived from Article 21

# Article 21 Rights
## Basic Survival
- Right to Food
- Right to Shelter
- Right to Clean Environment
## Personal Freedom
- Right to Privacy
- Right to Sleep
- Right to Reputation
## Justice & Process
- Right to Speedy Trial
- Right to Legal Aid
- Right against Torture
## Social Rights
- Right to Education
- Right to Health
- Right to Livelihood
Exam traps

Article 21 is in Part III (Fundamental Rights), not Part IV (DPSPs)

Privacy is connected to Article 21, not Article 14 (Right to Equality)

Puttaswamy case (2017) overruled earlier cases that denied privacy as fundamental right

Article 21 requires 'procedure established by law' - different from US-style 'due process'

Right to Privacy: Puttaswamy Judgment

Indian Polity Right to Privacy K.S. Puttaswamy

Right to Privacy: The Puttaswamy Revolution (2017)

Must know

K.S. Puttaswamy vs Union of India (2017) - 9-judge bench unanimously declared privacy a fundamental right

Privacy is intrinsic part of Article 21 and connected to freedoms in Part III

Overruled M.P. Sharma (1954) and Kharak Singh (1962) cases

Good to know

Privacy has four dimensions: physical, informational, decisional, and proprietary

The Puttaswamy case arose from challenges to Aadhaar's mandatory use. The 9-judge Constitution Bench delivered a landmark verdict recognizing privacy as a fundamental right, reversing decades of judicial precedent and establishing privacy as the cornerstone of digital rights in India.

Privacy Judgment: Before vs After

Aspect

Before Puttaswamy

After Puttaswamy

Legal Status

Not a fundamental right

Fundamental right under Article 21

Judicial Precedent

M.P. Sharma (1954) - denied privacy

Puttaswamy (2017) - recognized privacy

Constitutional Basis

No specific provision

Article 21 + Part III freedoms

State Limitations

Minimal restrictions

Must pass three-pronged test

Digital Context

No framework

Foundation for data protection laws

Three-Pronged Test for Privacy Restrictions

%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
  s1["`**Legality Test**
Restriction must be **authorized by law** - clear legal provision required`"]
  s2["`**Legitimate Purpose**
State action must serve **compelling state interest** - not arbitrary`"]
  s3["`**Proportionality**
Means adopted must be **proportionate** to objective - least restrictive option`"]
  s1 --> s2
  s2 --> s3

Personal Data Protection Bill drafted as direct consequence of Puttaswamy judgment

Aadhaar Act 2016 had to be amended to comply with privacy requirements

Digital surveillance programs now subject to constitutional scrutiny

LGBTQ+ rights strengthened - privacy includes sexual orientation (Navtej Johar case)

Reproductive rights enhanced - privacy covers family planning decisions

Exam traps

9-judge bench in Puttaswamy, not 5-judge or 7-judge bench

Privacy is intrinsic part of Article 21, not a separate fundamental right

Overruled M.P. Sharma (1954), not Kesavananda Bharati or Minerva Mills

Connected to Part III freedoms, not Part IV (DPSPs) or Part II (Citizenship)

Part III: Fundamental Rights Structure

Indian Polity Part III freedoms guaranteed

Part III: Fundamental Rights - Articles 12-35

Must know

Part III (Articles 12-35) contains all fundamental rights in Indian Constitution

Six categories of fundamental rights - Equality, Freedom, Exploitation, Religion, Culture, Constitutional Remedies

Fundamental rights are justiciable - enforceable through courts

Good to know

Article 32 called 'Heart and Soul' of Constitution by Dr. Ambedkar

Six Categories of Fundamental Rights

Right

Articles

Key Provisions

UPSC Focus

Right to Equality

14-18

Equality before law, equal protection

Article 14 vs 16 distinction

Right to Freedom

19-22

Six freedoms, personal liberty

Article 19 exceptions, Article 21 scope

Right against Exploitation

23-24

Prohibition of trafficking, child labour

Bonded labour, factory restrictions

Right to Freedom of Religion

25-28

Religious freedom, management

Secular state provisions

Cultural and Educational Rights

29-30

Minority protection

Article 30 educational institutions

Right to Constitutional Remedies

32-35

Enforcement mechanism

Writs, Dr. Ambedkar's 'heart and soul'

Part III establishes India as a rights-based democracy. These are negative rights - they restrict state power rather than create positive obligations. The Supreme Court has used judicial interpretation to expand their scope, particularly Article 21, making fundamental rights a living document that evolves with changing times.

Key Features of Part III

Justiciable - Citizens can approach courts directly for enforcement

Binding on all states - Union and state governments must respect these rights

Limited by reasonable restrictions - Not absolute, subject to public interest

Amendable by Parliament - Can be modified through constitutional amendment

Suspended during Emergency - Except Articles 20 and 21 (life and liberty)

Exam traps

Part III covers Articles 12-35, not just the rights articles

Article 12 defines 'State' - crucial for understanding who is bound by fundamental rights

Right to Property removed from Part III in 1978 (44th Amendment) - now Article 300A

Six categories of rights, not seven - property no longer fundamental right

Constitutional Articles: Common UPSC Traps

Indian Polity Article 14 Article 17 Article 24

Constitutional Articles: Avoiding Number Confusion in UPSC

Must know

Article 14 - Right to Equality, not privacy or life

Article 17 - Abolition of Untouchability, not privacy

Article 21 - Right to Life and Personal Liberty (includes privacy)

Article 24 - Prohibition of child labour in hazardous work

Articles Tested in This Question

Article

Actual Provision

Why Wrong for Privacy

Memory Hook

Article 14

Right to Equality before law

Deals with equality, not privacy

'14' = Equality for all

Article 17

Abolition of Untouchability

Social reform, not personal rights

'17' = End of untouchability

Article 21

Right to Life & Personal Liberty

CORRECT - Privacy is intrinsic part

'21' = Life in 21st century

Article 24

Child labour prohibition

Labour law, not privacy

'24' = 24-hour protection for children

Article Number Clusters

# Constitutional Articles
## Equality (14-18)
- Art 14: Equality before law
- Art 15: Non-discrimination
- Art 16: Equal opportunity
- Art 17: Untouchability
## Freedom (19-22)
- Art 19: Six freedoms
- Art 20: Criminal law protection
- Art 21: Life & liberty
- Art 22: Arrest protection
## Exploitation (23-24)
- Art 23: Trafficking prohibition
- Art 24: Child labour ban

UPSC Strategy: Article Identification

Learn article clusters - Articles are grouped by theme (14-18 equality, 19-22 freedom)

Use elimination technique - Identify what each article is NOT about

Connect to landmark cases - Article 21 = Maneka Gandhi, Puttaswamy cases

Remember constitutional amendments - 42nd and 44th Amendments frequently tested

Practice with distractors - UPSC uses similar-sounding provisions to confuse

Exam traps

Article 14 appears in many options but is about equality, not other rights

Article 17 (untouchability) often confused with other social reform articles

42nd Amendment mentioned in wrong contexts - know its actual provisions

Part IV (DPSPs) vs Part III (Fundamental Rights) - privacy is in Part III