Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?
Detailed Explanation:
Answer: Option 3 — Article 21 and the freedoms guaranteed in Part III
The Right to Privacy was recognized as an intrinsic part of the Right to Life and Personal Liberty under Article 21 in the landmark K.S. Puttaswamy (Retd.) vs. Union of India (2017) judgment. This right is protected alongside other fundamental freedoms guaranteed in Part III of the Constitution, making Article 21 and Part III the correct constitutional basis for privacy protection.
❌ Option 1 – Incorrect: Article 14 guarantees equality before law but does not directly deal with privacy; the 42nd Amendment dealt with the term 'Socialist' and 'Secular' and other matters, not specifically privacy.
❌ Option 2 – Incorrect: Article 17 abolishes untouchability and has no connection to privacy; Directive Principles are non-justiciable guidelines, not enforceable fundamental rights.
✅ Option 3 – Correct: Article 21 protects life and personal liberty (including privacy as per Puttaswamy judgment), and Part III contains all fundamental rights including freedoms under Article 19.
❌ Option 4 – Incorrect: Article 24 prohibits employment of children in hazardous work and is unrelated to privacy; the 44th Amendment dealt with fundamental rights and emergency provisions but not specifically privacy.
📝 Short Notes: Right to Privacy and Article 21
- K.S. Puttaswamy vs. Union of India (2017): A 9-judge bench unanimously held that the right to privacy is a fundamental right protected under Article 21 and Part III of the Constitution.
- Article 21: Guarantees protection of life and personal liberty; interpreted expansively to include various rights like right to privacy, right to education, right to clean environment, right to speedy trial, etc.
- Part III – Fundamental Rights: Contains Articles 12-35 covering all fundamental rights including equality (Art. 14), freedoms (Art. 19), right to life (Art. 21), cultural and educational rights, and constitutional remedies (Art. 32).
- Privacy Components: Includes bodily integrity, informational self-determination, and the right to be left alone; protects against arbitrary state action and private intrusions.
- Article 19: Guarantees six freedoms including speech, assembly, movement, which complement the right to privacy under Article 21.
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