‘Right to Privacy’ is protected under which Article of the Constitution of India?
- Article 15
- Article 19
- Article 21
- Article 29
Explanation
Option (c) is correct
- In 2012, Justice K. S. Puttaswamy filed a writ petition before the Supreme Court of India challenging the constitutional validity of the Aadhaar scheme introduced by the UPA government. The case was initially heard by a five-judge Bench headed by Justice J. S. Khehar, but was later referred to a nine-judge Constitution Bench to decide a larger question of law. On 24 August 2017, in a landmark ruling in Justice K. S. Puttaswamy (Retd.) vs Union of India, the Court unanimously held that the right to privacy is a fundamental right under the Constitution. It is located primarily in Article 21 (Right to Life and Personal Liberty) and is also an intrinsic part of the freedoms guaranteed under Part III. The judgment clarified that ‘personal liberty’ includes the right to privacy. Importantly, the Court overruled earlier Constitution Bench judgments in M. P. Sharma vs Satish Chandra and Kharak Singh vs State of Uttar Pradesh, both of which had denied constitutional protection to the right to privacy.
- The right to privacy is also enshrined in Article 17 of the International Covenant on Civil and Political Rights (ICCPR), to which India is a party.
