Under which of the following Articles of the Constitution of India, has the Supreme Court of India places the Right to Privacy?
Contents10
- AArticle 15
- BArticle 16
- CArticle 19
- DArticle 21
Show answer
Answer: (D) Article 21
Correct Answer: (d) Article 21.
The Supreme Court declared the Right to Privacy as a fundamental right under Article 21 (Right to Life and Personal Liberty) in the landmark case of Justice K.S. Puttaswamy vs Union of India (2017).
This was a unanimous decision by a 9-judge bench.
It overruled two older judgments — M.P. Sharma (1958) and Kharak Singh (1961) — which had said privacy was not a constitutional right.
Easy way to remember:
- Article 21 is the most expansive fundamental right
- Courts have read many rights into it, including the right to:
- livelihood
- education
- health
- clean environment
- and now privacy.
The Supreme Court declared privacy a fundamental right under Article 21 in Justice K.S. Puttaswamy vs Union of India (2017), overruling two previous judgments that denied constitutional privacy protection.
This 2017 judgment became highly relevant because it directly challenged the government's Aadhaar program and biometric data collection policies.
Article 21 has become the most expansive fundamental right through judicial interpretation, with courts reading multiple unlisted rights into 'life and personal liberty.'
Article 21: Right to Life & Personal Liberty
Indian Polity Article 21
Article 21: The Most Expansive Fundamental Right
Article 21 guarantees Right to Life and Personal Liberty - the most expansively interpreted fundamental right
Supreme Court has read 15+ rights into Article 21 through judicial interpretation
Right to Privacy declared fundamental right under Article 21 in Puttaswamy case (2017)
Article 21 applies to all persons (citizens and non-citizens) unlike Articles 15, 16, 19
Constitutional Text
Article 21 states: "No person shall be deprived of his life or personal liberty except according to procedure established by law."
This seemingly simple provision has become the foundation for the Supreme Court's most creative constitutional interpretation, expanding far beyond its original text.
Rights Read into Article 21
Right | Landmark Case | Year | Key Principle |
|---|---|---|---|
Right to Privacy | Puttaswamy vs Union of India | 2017 | Privacy inherent in life and liberty |
Right to Livelihood | Olga Tellis vs Bombay Municipal Corporation | 1985 | Life means more than animal existence |
Right to Education | Mohini Jain vs State of Karnataka | 1992 | Education essential for dignified life |
Right to Health | Paschim Banga Khet Mazdoor Samity | 1996 | Health care part of right to life |
Right to Clean Environment | Subhash Kumar vs State of Bihar | 1991 | Pollution violates right to life |
Right to Speedy Trial | Hussainara Khatoon vs State of Bihar | 1979 | Delayed justice denies life and liberty |
Puttaswamy Case Details
The 9-judge bench in Justice K.S. Puttaswamy vs Union of India (2017) unanimously declared privacy a fundamental right. The case arose from challenges to Aadhaar and government surveillance.
The court overruled two precedents:
M.P. Sharma vs Satish Chandra (1958) - 8-judge bench said privacy not guaranteed
Kharak Singh vs State of U.P. (1961) - 6-judge bench denied constitutional privacy right
Article 15 prohibits discrimination - not related to privacy rights
Article 16 guarantees equality in public employment - completely different domain
Article 19 covers 6 freedoms (speech, assembly, association, movement, residence, profession) but not privacy
Privacy was initially considered under Article 19(1)(a) in lower court cases, but Supreme Court placed it under Article 21
Remember: Puttaswamy (2017) overruled M.P. Sharma (1958) and Kharak Singh (1961) - common confusion in questions
Articles 15, 16 & 19: Other Fundamental Rights
Indian Polity Article 15 Article 16 Article 19
Articles 15, 16 & 19: Equality and Freedom Rights
Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth
Article 16 guarantees equality of opportunity in public employment
Article 19 provides 6 fundamental freedoms to citizens only
These articles are not the source of Right to Privacy
Comparison of Rights
Article | Right Guaranteed | Beneficiaries | Key Restrictions |
|---|---|---|---|
Article 15 | Prohibition of discrimination | All persons | Reasonable classification allowed |
Article 16 | Equality in public employment | Citizens only | Reservation for backward classes |
Article 19 | Six freedoms (speech, assembly, etc.) | Citizens only | Reasonable restrictions allowed |
Article 21 | Life and personal liberty | All persons | Procedure established by law |
Article 19: Six Fundamental Freedoms
Speech and expression - includes right to information, press freedom
Peaceful assembly - right to hold meetings, demonstrations
Form associations/unions - includes right to form political parties
Move freely throughout India - subject to public order restrictions
Reside and settle anywhere in India - except in certain tribal areas
Practice profession/occupation - subject to professional qualifications
Article 19 has 6 freedoms, not 7 - property right removed by 44th Amendment
Privacy is not listed among Article 19 freedoms - common wrong answer choice
Article 16 is about employment equality, not general equality (that's Article 14)
Articles 15, 16, 19 apply to citizens only - Article 21 applies to all persons
Right to Privacy: Judicial Evolution
Indian Polity Right to Privacy Puttaswamy
Right to Privacy: From Denial to Recognition
Privacy right denied in M.P. Sharma (1958) and Kharak Singh (1961)
Puttaswamy case (2017) - 9-judge bench unanimously recognized privacy as fundamental right
Privacy now integral to life and liberty under Article 21
Evolution Timeline
%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
s1["`**M.P. Sharma vs Satish Chandra (1954)**
8-judge bench ruled privacy **not a guaranteed constitutional right**`"]
s2["`**Kharak Singh vs State of U.P. (1961)**
6-judge bench **reaffirmed denial** of constitutional privacy right`"]
s3["`**Aadhaar Challenges (2012-2017)**
Multiple petitions challenged government surveillance and data collection`"]
s4["`**Puttaswamy vs Union of India (2017)**
**9-judge bench unanimously** declared privacy fundamental right under Article 21`"]
s1 --> s2
s2 --> s3
s3 --> s4Puttaswamy Judgment Key Points
Privacy inherent in life and liberty - cannot be separated from Article 21
Three-fold test for privacy restrictions: legality, necessity, proportionality
Informational privacy includes control over personal data and information
Decisional privacy covers personal choices in intimate relationships
Physical privacy protects against surveillance and search
Larger bench prevails - 9-judge Puttaswamy overruled smaller 8-judge M.P. Sharma bench
Privacy recognized in 2017, not when Aadhaar was introduced (2009)
Unanimous decision - all 9 judges agreed, making it very strong precedent
Case name is Puttaswamy, not "Privacy case" - know the actual case name for UPSC