Under which of the following Articles of the Constitution of India, has the Supreme Court of India places the Right to Privacy?

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2024, Q46

Contents10
UPSC Prelims GS2024Indian Polity
  1. AArticle 15
  2. BArticle 16
  3. CArticle 19
  4. 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.
Why this was asked

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

Must know

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)

Good to know

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

Exam traps

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

Must know

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

Exam traps

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

Must know

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 --> s4

Puttaswamy 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

Exam traps

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