Article 21 guarantees the protection of life and personal liberty. The right to privacy was authoritatively recognised as a fundamental right under Article 21 in:
AKharak Singh v. State of U. P., AIR 1963 SC 1295 — surveillance under Regulation 236
BGovind v. State of M. P., (1975) 2 SCC 148 — limited privacy right against police regulations
CJustice K. S. Puttaswamy v. Union of India, (2017) 10 SCC 1 — nine-Judge Bench, Aadhaar
DPUCL v. Union of India, (1997) 1 SCC 301 — telephone tapping under the Telegraph Act
Answer & Solution
Correct answer: C. Justice K. S. Puttaswamy v. Union of India, (2017) 10 SCC 1 — nine-Judge Bench, Aadhaar
1. A nine-Judge Constitution Bench in K. S. Puttaswamy (2017) unanimously held that the right to privacy is a fundamental right intrinsic to Article 21 (and also implicit in Articles 14 and 19).
2. Puttaswamy overruled M. P. Sharma (1954) and the majority view in Kharak Singh (1963) on this point.
3. Govind (1975) and PUCL (1997) had earlier hinted at a limited privacy right but did not authoritatively settle it.
4. Hence the answer is K. S. Puttaswamy.
_Source: Constitution of India (Bare Act, updated to 105th Amendment Act 2021), Govt. of India Legislative Dept., K. S. Puttaswamy v. Union of India, (2017) 10 SCC 1_
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