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

Correct Answer: (d) Article 21


  • Article 15: This article prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It does not address the right to privacy.
  • Article 16: This article ensures equality of opportunity in matters of public employment and prohibits discrimination on similar grounds as Article 15. It does not cover the right to privacy.
  • Article 19: This article guarantees certain freedoms, including freedom of speech and expression, assembly, association, movement, residence, and profession. While it is crucial for personal liberties, it does not specifically address the right to privacy.
  • Article 21: This article guarantees the protection of life and personal liberty. The Supreme Court of India has interpreted the right to privacy as an intrinsic part of the right to life and personal liberty under Article 21.

Learn more:

  • Right to Privacy:
    • Recognized as a fundamental right under Article 21 of the Indian Constitution.
    • The landmark judgment in Justice K.S. Puttaswamy (Retd.) vs Union of India (2017) affirmed this right.
    • The judgment overruled previous decisions in M.P. Sharma vs Satish Chandra and Kharak Singh vs State of Uttar Pradesh, which had denied the existence of a fundamental right to privacy.
    • The right to privacy is essential for the meaningful exercise of other freedoms guaranteed by Part III of the Constitution.
    • The judgment emphasized the need for a robust data protection regime to safeguard individual privacy against state and private actions.
  • Implications:
    • The right to privacy includes the right to be forgotten and the right to be left alone.
    • It has significant implications for data protection laws and surveillance practices in India.
    • The judgment has influenced subsequent rulings on issues like same-sex relationships and decriminalization of adultery, highlighting the broader impact on personal liberties.
  • Government Steps:
    • The Personal Data Protection Bill 2019 aims to establish a comprehensive data protection framework in India.
    • Existing laws like the Information Technology Act, 2000 provide some safeguards against privacy breaches.

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