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

1. Article 15
2. Article 16
3. Article 19
4. Article 21

Explanation

Option (d) is correct

• In 2012, Justice K S Puttaswamy, a retired High Court judge, initiated a writ petition in the Supreme Court challenging the constitutional validity of the Aadhaar scheme introduced by the UPA Government. Initially assigned to a Five-Judge Bench led by then Chief Justice Khehar, the matter was later referred to a Nine-Judge Bench. In a landmark decision on August 24, 2017, the Bench unanimously recognised the fundamental right to privacy for every individual, as guaranteed by the Constitution, specifically within Article 21 (Protection of Life and Personal Liberty) and Part III as a whole. The court also overruled two previous Constitution bench judgements delivered in 1954 and 1962 – M.P. Sharma vs Satish Chandra and Kharak Singh vs State of Uttar Pradesh, respectively. Both judgments held that the right to privacy is not protected under the Constitution. 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.

Answer: (d) Article 21; Difficulty Level: Easy