Previous Year Question
Under which of the following Articles of the Constitution of India has the Supreme Court of India placed the Right to Privacy?
Article 15
Article 16
Article 19
Article 21
Correct Answer: D
Detailed Solution
In Justice K. S. Puttaswamy (Retd.) v. Union of India, 2017, the Supreme Court unanimously held that the Right to Privacy is a Fundamental Right. It was recognised primarily as an intrinsic part of the right to life and personal liberty protected by Article 21.
Article 21 provides that no person shall be deprived of life or personal liberty except according to the procedure established by law. Since it uses the expression “person,” its protection is not confined only to Indian citizens.
According to the Court, the Right to Privacy includes:
Bodily privacy: Control over one’s body and physical integrity.
Decisional privacy: Freedom to make decisions concerning marriage, family, reproduction and personal life.
Informational privacy: Control over the collection, use and disclosure of personal information.
Spatial privacy: Protection against unjustified intrusion into the home and private spaces.
Personal autonomy and dignity: Freedom to develop one’s personality, identity and way of life.
The Puttaswamy judgment was delivered by a nine-judge Constitution Bench on 24 August 2017. It overruled the conclusions in the earlier M. P. Sharma and Kharak Singh decisions to the extent that they suggested that privacy was not constitutionally protected as a Fundamental Right.
The Right to Privacy is not absolute. State interference ordinarily must satisfy the following requirements:
It must have a clear legal basis.
It must pursue a legitimate State objective.
The measure adopted must be proportionate to that objective.
Adequate procedural safeguards must exist against arbitrariness and abuse.
Although privacy may also intersect with Articles 14 and 19, its principal constitutional foundation among the given options is Article 21.
The other Articles deal with:
Article 15—prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
Article 16—equality of opportunity in public employment.
Article 19—protection of six specified freedoms of citizens.