UPSC Prelims 2021 Q79: Right to Privacy in the Constitution — Explained
'Right to Privacy' is protected under which Article of the Constitution of India?
- Article 15
- Article 19
- Article 21
- Article 29
Answer: (c) Article 21
Statement-wise explanation
- a: incorrect — Article 15(1) says the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. It is an equality provision that bans unfair classification. It says nothing about personal space, personal choices or personal information, so it is not the home of privacy.
- b: incorrect — Article 19(1) lists six freedoms of citizens: speech and expression, assembly, association, movement, residence and profession. In Puttaswamy (2017) the judges noted that privacy also supports these freedoms, which makes this option tempting. But the nine-judge bench placed privacy primarily within life and personal liberty, and not within the Article 19 freedoms.
- c: correct — Article 21 says no person shall be deprived of life or personal liberty except according to procedure established by law. On 24 August 2017, a unanimous nine-judge bench in Justice K.S. Puttaswamy (Retd.) v. Union of India held that privacy is a fundamental right protected as part of Article 21. The judgment overruled M.P. Sharma (1954) and Kharak Singh (1962) to the extent they said there was no such right.
- d: incorrect — Article 29 protects minority interests. Clause (1) lets any section of citizens with a distinct language, script or culture conserve it. Clause (2) bars denial of admission to State-maintained or State-aided institutions on grounds only of religion, race, caste or language. It is a cultural and educational right and has nothing to do with privacy.
How to eliminate
This is mainly a recall question. The fact to remember is: Puttaswamy (2017) placed privacy under Article 21, life and personal liberty. Option structure still narrows it to two. Article 15 (non-discrimination) and Article 29 (minority language, script and culture) protect groups against unfair treatment, not an individual's private sphere, so you can drop both from basic knowledge. That leaves Article 19 and Article 21. Article 19 covers specific, named freedoms of citizens only, such as speech, assembly and movement. Privacy is broader than any of these and belongs to every 'person', not only citizens, which matches the wording of Article 21. Over the years the Supreme Court has read most unnamed rights into Article 21: livelihood, shelter, a clean environment, speedy trial, dignity and now privacy. When an unlisted personal right is asked about, Article 21 is the safe default.
Know more
Right to privacy: how it became a fundamental right
The Constitution never uses the word 'privacy'. The Supreme Court read it in step by step:
| Case | Year | Bench | What it held |
|---|---|---|---|
| M.P. Sharma | 1954 | 8 judges | No fundamental right to privacy (search and seizure) |
| Kharak Singh | 1962 | 6 judges | Night visits by police struck down, but no general right to privacy |
| Maneka Gandhi | 1978 | 7 judges | 'Procedure established by law' must be just, fair and reasonable; Articles 14, 19 and 21 read together |
| K.S. Puttaswamy | 2017 | 9 judges | Privacy is a fundamental right, mainly under Article 21; M.P. Sharma and Kharak Singh overruled on this point |
| Puttaswamy (Aadhaar) | 2018 | 5 judges | Aadhaar Act upheld, with some provisions read down or struck down |
What privacy covers (Puttaswamy):
- Bodily integrity: control over one's own body, such as reproductive choices.
- Decisional autonomy: personal choices such as food, faith and relationships.
- Informational privacy: control over personal data, such as health records.
It is not absolute. Any State action that limits privacy must pass a three-part test:
- Legality: there must be a law.
- Legitimate aim: the law must serve a valid State purpose.
- Proportionality: the means must be proportionate to that aim.
After 2017:
- The judgment urged a data protection law. The Justice B.N. Srikrishna Committee led to the Personal Data Protection Bill, 2019. That bill was later withdrawn and replaced by the Digital Personal Data Protection Act, 2023, enacted on 11 August 2023.
- Courts now trace newer claims, such as the 'right to be forgotten', to privacy under Article 21.
Exam tip: Article 21 applies to all persons, citizens and foreigners alike. Article 19 applies only to citizens. Article 21 also cannot be suspended during an Emergency (44th Amendment, 1978).
In the news
In 2021, privacy was in the news through the dispute over WhatsApp's new privacy policy, the government's 'traceability' requirement under the IT Rules, 2021, and the Pegasus spyware allegations in July 2021. Each debate went back to the Puttaswamy ruling on privacy under the Constitution.
NCERT Concepts to Revise
- Right to privacy: The question asks where this right sits in the Constitution, so first be clear on what it covers.
- K.S. Puttaswamy case: The 2017 nine-judge ruling in this case settled the constitutional home of privacy that the question tests.
- Right to life and personal liberty: One of the four options; know its wording and how far the Court has widened it beyond the text.
- Golden triangle: Two of the four options belong to this trio of articles, which courts read together.
- Maneka Gandhi case: This 1978 case linked the liberty and freedom articles, which is why two options look plausible.
- Right to freedom: This group of rights includes more than one of the articles offered as options.