📘 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.
