In JUSTICE K.S. PUTTASWAMY v. UNION OF INDIA, (2017) 10 SCC 1, the Supreme Court held that the right to PRIVACY:
Ais not protected by the Constitution (cf. Justice K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1) (cf. Justice K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1)
Bis a FUNDAMENTAL RIGHT under Articles 21, 14 and 19 of the Constitution — overruling M.P. Sharma (1954) and majority view in Kharak Singh (1963)
Cis only protected at the discretion of Parliament (cf. Justice K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1) (cf. Justice K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1)
Dis a statutory right only (cf. Justice K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1) (cf. Justice K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1)
Answer & Solution
Correct answer: B. is a FUNDAMENTAL RIGHT under Articles 21, 14 and 19 of the Constitution — overruling M.P. Sharma (1954) and majority view in Kharak Singh (1963)
1. In Puttaswamy (2017), a 9-Judge Constitution Bench UNANIMOUSLY held that the right to privacy is a fundamental right under Articles 14, 19 and 21.
2. The decision overruled M.P. Sharma v Satish Chandra (1954) and the majority view in Kharak Singh v State of UP (1963).
3. The Court (per Chandrachud J.) identified privacy as: (i) bodily integrity; (ii) informational privacy; (iii) decisional autonomy; (iv) freedom from surveillance.
4. Subject to limitations: (a) legality (provided by law); (b) legitimate aim; (c) proportionality (necessary and proportionate).
5. Puttaswamy was the foundation for: NALSA on transgender rights; Navtej Singh Johar on Section 377; Joseph Shine on adultery; Aadhaar judgment.
6. Hence option B is correct.
_Source: UDHR 1948 / ICCPR 1966 / ICESCR 1966 / CAT 1984 / CEDAW 1979 / CRC 1989 / PHRA 1993 / Constitution Part III — Justice K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1_
Related questions
The RIGHT TO FOOD under ICESCR Article 11 was elaborated in CESCR General Comment No. 12 (Article 13 ICESCR recognises the right to EDUCATION. Primary education shall be:Section 11A NHRC complaints are admitted on grounds of:The KAMPALA AMENDMENTS to the Rome Statute (2010) activated the CRIME OF AGGRESSION jurisdThe DOCTRINE OF EXTRA-TERRITORIAL APPLICATION of HUMAN RIGHTS treaties (per the ICJ Wall AThe PRINCIPLE OF PROGRESSIVE REALIZATION in ICESCR (Article 2(1)) is balanced by the doctrIn NUREMBERG TRIALS 1945-46, the International Military Tribunal articulated the principleArticle 41 ICCPR provides for INTER-STATE COMPLAINTS — a State Party may complain to the H