Question Details

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

Options

A

Article 15

B

Article 16

C

Article 19

D

Article 21

Show Answer

Correct Answer :

Option D

Article 21

Solution :

The correct option is Article 21.

Step-by-Step Explanation:

1. Understanding Article 21 of the Indian Constitution:
Article 21 of the Constitution of India guarantees the "Protection of Life and Personal Liberty". It states: "No person shall be deprived of his life or personal liberty except according to procedure established by law." Over the decades, the Supreme Court of India has dynamically interpreted this Article to include various unenumerated rights that are essential for leading a dignified life.

2. The Landmark Judgment (Justice K. S. Puttaswamy v. Union of India, 2017):
The status of the Right to Privacy was conclusively decided by a historic 9-judge constitutional bench of the Supreme Court of India in the case of Justice K. S. Puttaswamy (Retd.) v. Union of India (2017). The Court unanimously held that the Right to Privacy is a fundamental right guaranteed under the Constitution of India.

3. Placement under Article 21:
The Supreme Court ruled that privacy is an administrative and constitutional core of personal liberty and dignity. The Court explicitly declared that the Right to Privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21, as well as in conjunction with other fundamental freedoms guaranteed in Part III of the Constitution (such as Article 19).

4. Contextualizing other options:
- Article 15: Secures prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
- Article 16: Guarantees equality of opportunity in matters of public employment.
- Article 19: Guarantees the protection of certain rights regarding freedom of speech, assembly, association, movement, residence, and profession.

Therefore, the Right to Privacy is specifically placed and protected under Article 21 of the Constitution of India.

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