📘 Q.3 IAS Prelims 2021 — Polity & Governance: Right to Privacy

🧷 Authentic Classroom Explanation by IAS Monk

📍 The Question:

‘Right to Privacy’ is protected under which Article of the Constitution of India?

(a) Article 15
(b) Article 19
(c) Article 21
(d) Article 29

Correct Answer: (c)


🔎 Curiosity Raiser (UPSC focus)

UPSC is testing whether you remember where privacy finally found its constitutional home, after decades of judicial hesitation and evolution.


🧠 Core Concept Tested

Judicial interpretation of Fundamental Rights under Article 21


🔍 Classroom Explanation (UPSC Prelims Focused)

  • In K. S. Puttaswamy v. Union of India (2017), a 9-judge Constitution Bench of the Supreme Court:
    • unanimously held that Right to Privacy is a Fundamental Right.
  • The Court located this right within Article 21:
    • “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
  • Privacy was held to be an intrinsic part of life and personal liberty.

👉 Hence, Article 21 is the correct answer.


Why other options are incorrect

  • Article 15 → Prohibits discrimination
  • Article 19 → Protects specific freedoms (speech, movement, etc.)
  • Article 29 → Cultural and educational rights
  • None of these directly protect privacy.

📘 Enrich Notes (Prelims Value Add)

  • Puttaswamy Judgment (2017):
    • Overruled earlier positions in M.P. Sharma (1954) and Kharak Singh (1962) to the extent they denied privacy as a fundamental right.
  • Privacy now covers:
    • bodily autonomy
    • informational privacy
    • decisional autonomy

📌 Prelims Recall Line
Privacy lives inside liberty — Article 21.


🧘‍♂️ IAS Monk Whisper

Liberty is incomplete without privacy,
and privacy breathes through Article 21.


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