Question

UPSC Prelims 2018 Question:

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?

  1. 1. Article 14 and the provisions under the 42nd Amendment to the Constitution
  2. 2. Article 17 and the Directive Principles of State Policy in Part IV
  3. 3. Article 21 and the freedoms guaranteed in Part III
  4. 4. Article 24 and the provisions under the 44th Amendment to the Constitution

Answer (Detailed Solution Below)

Option 3: Article 21 and the freedoms guaranteed in Part III

Detailed Solution

Explanation:

  • In a landmark decision, the Supreme Court in 2017, unanimously ruled that the Right to Privacy was a Fundamental Right under the Constitution of India.

  • A nine-judge Constitution bench headed by Chief Justice J.S. Khehar, hearing the case of "K.S. Puttaswamy and others vs Union of India and others", ruled that Right to Privacy is an intrinsic part of Right to Life and Personal Liberty under Article 21 and entire Part III of the Constitution of India.

Therefore, option (3) is the correct answer.

Subject: Polity | Fundamental Rights

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