UPSC Prelims 2024 GS Paper I · Q96 / 96 Polity & Governance easy

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

  1. (a) Article 15
  2. (b) Article 16
  3. (c) Article 19
  4. (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.

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