Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy ?
- (a) Article 15
- (b) Article 16
- (c) Article 19
- (d) Article 21 ✓ UPSC's answer
Why the answer is (d)
• In K.S. Puttaswamy v. Union of India (2017) a nine-judge bench of the Supreme Court unanimously held that the right to privacy is a fundamental right.
• The Court located it primarily in Article 21 — the right to life and personal liberty — as intrinsic to dignity and liberty, while noting that it also flows from the freedoms in Part III as a whole — option (d).
• The judgment overruled earlier decisions in M.P. Sharma (1954) and Kharak Singh (1962) that had denied a constitutional right to privacy.
• Article 15 deals with non-discrimination, Article 16 with equality in public employment and Article 19 with six freedoms; none is the home of privacy.
• The ruling underpins the Aadhaar judgment (2018) and the Digital Personal Data Protection Act, 2023.
Why the other options are wrong
- (a) Article 15
- Article 15 concerns non-discrimination, not privacy.
- (b) Article 16
- Article 16 concerns equality in public employment.
- (c) Article 19
- Article 19 lists specific freedoms; privacy was anchored in Article 21.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2024, held on 16 June 2024. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.