JAGTIV · Previous Year Questions

UPSC

POLITY · 2021

Previous Year 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

Detailed Solution

Article 21 guarantees every person the right to life and personal liberty. In K. S. Puttaswamy v. Union of India (2017), a unanimous nine-judge Bench of the Supreme Court held that the right to privacy is an intrinsic part of life and personal liberty under Article 21.

The right protects human dignity and individual autonomy. Its principal dimensions include:

  • Bodily privacy: Control over one’s body and physical integrity.

  • Decisional privacy: Freedom to make personal choices concerning marriage, family, reproduction, food and lifestyle.

  • Informational privacy: Control over the collection, use and dissemination of personal data.

  • Spatial and communication privacy: Protection of private spaces, homes and personal communications.

Privacy is also connected with equality under Article 14 and the freedoms under Article 19. Nevertheless, among the given options, Article 21 is the direct and most appropriate answer.

The right to privacy is not absolute. State interference ordinarily requires a legal basis, a legitimate governmental objective, necessity and proportionality, along with appropriate procedural safeguards.

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