Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?
AArticle 15
BArticle 16
CArticle 19
DArticle 21
Answer & Solution
Correct answer: D. Article 21
Answer: D. The Supreme Court placed the Right to Privacy under ARTICLE 21 of the Constitution.
In the landmark K.S. Puttaswamy vs Union of India (2017) judgment, a 9-judge bench of the Supreme Court unanimously held that the Right to Privacy is a fundamental right protected as an INTRINSIC part of Article 21 (right to life and personal liberty) and as a component of the freedoms guaranteed by Part III of the Constitution.
The judgment overruled earlier views (M.P. Sharma 1954, Kharak Singh 1962) that had denied privacy as a fundamental right. Privacy was held to flow primarily from the dignity, autonomy and personal liberty protected by Article 21.
Distractors: (A) Article 15 is non-discrimination
(B) Article 16 is equality in public employment
(C) Article 19 is freedoms of speech/movement etc but not the primary anchor for privacy.
Source: syllabus Indian Constitution at Work Ch 2 (Rights in the Indian Constitution) / Puttaswamy judgment 2017.
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