Previous Year Question
Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty.
Which of the following in the Constitution of India correctly and appropriately imply the above statement?
Article 14 and the provisions under the 42nd Amendment to the Constitution
Article 17 and the Directive Principles of State Policy in Part IV
Article 21 and the freedoms guaranteed in Part III
Article 24 and the provisions under the 44th Amendment to the Constitution
Correct Answer: C
Detailed Solution
In Justice K. S. Puttaswamy (Retd.) v. Union of India (2017), the Supreme Court unanimously held that the right to privacy is an intrinsic part of the right to life and personal liberty under Article 21. It is also connected with other rights and freedoms guaranteed under Part III.
The nine-judge Constitution Bench recognised privacy as an essential condition of human dignity, autonomy and liberty. The decision overruled earlier judicial opinions that had denied privacy the status of a constitutionally protected right.
The principal dimensions of privacy include:
Bodily privacy: Control over one’s body and physical integrity.
Decisional privacy: Personal decisions concerning marriage, family, reproduction, food, faith and lifestyle.
Informational privacy: Control over the collection, use and dissemination of personal information and data.
Spatial privacy: Protection against unjustified intrusion into one’s home and private spaces.
Communication privacy: Confidentiality of personal correspondence and communications.
Privacy is not isolated within Article 21. It interacts with several provisions of Part III:
Article 14 protects against arbitrary State action.
Article 19 protects expression, movement, association and other freedoms.
Article 20(3) protects an accused person against compelled self-incrimination.
Article 21 protects life, personal liberty, dignity and autonomy.
Article 25 protects freedom of conscience and the free exercise of religion.
The right to privacy is not absolute. State interference ordinarily requires a legal basis, a legitimate governmental objective, necessity, proportionality and appropriate procedural safeguards against misuse.
Although Article 14 may have a connection with privacy, its combination with the 42nd Amendment in option (a) does not correctly explain the statement. Article 17 concerns untouchability, Article 24 concerns child labour, and the 44th Amendment is principally associated with the right to property and other constitutional changes.