Q. ‘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) Article 21
Question from UPSC Prelims 2021 GS Paper
Explanation :
Right to Privacy in India
The ‘Right to Privacy’ in India is protected under Article 21 of the Constitution of India. Article 21 states:
“No person shall be deprived of his life or personal liberty except according to the procedure established by law.”
While the text of Article 21 does not explicitly mention the ‘Right to Privacy,’ the Supreme Court of India has interpreted the right to life and personal liberty to include the right to privacy. This interpretation has evolved over time through various landmark judgments.
Landmark Judgment: Justice K.S. Puttaswamy (Retd.) vs Union of India
The most significant judgment regarding the ‘Right to Privacy’ came in the case of Justice K.S. Puttaswamy (Retd.) vs Union of India (2017). In this landmark decision, a nine-judge bench of the Supreme Court unanimously recognized that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.
Therefore, the ‘Right to Privacy’ is not enumerated as a separate right in the Constitution but is derived from Article 21 through judicial interpretation. It is now considered a fundamental right that protects individuals’ privacy from intrusion by the state, subject to reasonable restrictions.