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 ?
- (a) Article 14 and the provisions under the 42nd Amendment to the Constitution
- (b) Article 17 and the Directive Principles of State Policy in Part IV
- (c) Article 21 and the freedoms guaranteed in Part III ✓ UPSC's answer
- (d) Article 24 and the provisions under the 44th Amendment to the Constitution
Why the answer is (c)
• In K.S. Puttaswamy (2017) the Supreme Court held that privacy is intrinsic to the right to life and personal liberty under Article 21 and is also implicit in the other freedoms of Part III — Article 19 (speech, movement) and Article 25 (conscience) — option (c).
• Article 14 with the 42nd Amendment (a), Article 17 with the DPSPs (b), and Article 24 with the 44th Amendment (d) have no bearing on privacy.
• Hence option (c).
Why the other options are wrong
- (a) Article 14 and the provisions under the 42nd Amendment to the Constitution
- Article 14 and the 42nd Amendment do not ground privacy.
- (b) Article 17 and the Directive Principles of State Policy in Part IV
- Article 17 (untouchability) and DPSPs are unrelated to privacy.
- (d) Article 24 and the provisions under the 44th Amendment to the Constitution
- Article 24 (child labour) and the 44th Amendment are unrelated.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2018, held on 3 June 2018. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.