UPSC IAS - 2018

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?

Year Asked: 2018

A
Article 14 and the provisions under the 42nd Amendment to the Constitution
B
Article 17 and the Directive Principles of State Policy in Part IV
C
Article 21 and the freedoms guaranteed in Part. III
D
Article 24 and the provisions under the 44th Amendment to the Constitution

Correct Answer

C. Article 21 and the freedoms guaranteed in Part. III

Detailed Explanation

The correct answer is C. In Justice K.S. Puttaswamy v. Union of India (2017), a nine-judge bench unanimously held that privacy is a fundamental right. It flows from the guarantee of life and personal liberty in Article 21 and from the freedoms in Part III, such as Article 19 and Article 20(3). Privacy is not a standalone enumerated right. It is read into existing guarantees.

Why the others fail:

  • A: Article 14 is equality before law. The 42nd Amendment (1976) added Socialist, Secular and Fundamental Duties. It is not the source of privacy.
  • B: Article 17 abolishes untouchability. DPSP in Part IV are non-justiciable under Article 37, so they cannot ground an enforceable fundamental right.
  • D: Article 24 bans child labour in hazardous employment. The 44th Amendment (1978) removed property as a Fundamental Right and made it a legal right under Article 300A.

Core concept: the doctrine of implied or intrinsic rights, where the Court reads unenumerated rights into Article 21. This links to the Mains theme on Aadhaar, surveillance and data protection, including the Digital Personal Data Protection Act, 2023.

Trap: Aspirants pick A because the 42nd Amendment is famous for expanding the Constitution, or they assume privacy comes from Article 19 alone. The answer is Article 21 read with Part III.

This question appeared in UPSC Prelims 2018 GS Paper-1.

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