SSC
In the Justice K.S. Puttaswamy (Retd.) v. Union of India case, a nine-judge bench of the Supreme Court held that the right to privacy is a Fundamental Right that forms part of:
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Answer: Option A — Article 21
Detailed Solution
In the Justice K.S. Puttaswamy (Retd.) v. Union of India case, a nine-judge bench of the Supreme Court unanimously held that the right to privacy is a Fundamental Right. It is protected mainly as an intrinsic part of the right to life and personal liberty under Article 21, and also as part of the freedoms guaranteed by Part III.
Background of the case:
Retired High Court judge K.S. Puttaswamy challenged the Aadhaar scheme, arguing that it violated privacy.
The government argued that earlier judgments had held that privacy was not a Fundamental Right.
Overruled judgments:
The Court overruled the M.P. Sharma case (1954) and the Kharak Singh case (1962) to the extent that they had held there was no right to privacy.
Main points of the judgment:
Privacy includes bodily privacy, informational privacy and the privacy of choice.
Privacy is not absolute. A restriction must satisfy three tests: legality (a law must exist), legitimate aim, and proportionality.
The judgment stressed the need for a data protection law.
Effects of the judgment:
- In a later judgment, the Court upheld the Aadhaar Act but struck down some parts, such as its mandatory use by private companies.
- The privacy ruling also influenced later cases on personal autonomy and data.
- Parliament later passed the Digital Personal Data Protection Act, 2023.
Expanding meaning of Article 21:
- Article 21 says that no person shall be deprived of his life or personal liberty except according to procedure established by law.
- Courts have read into it the rights to livelihood, shelter, health, a clean environment, a speedy trial, legal aid, and to live with dignity.
Why not the other options?
- ✗Article 14 guarantees equality before law.
- ✗Article 19(1)(a) guarantees freedom of speech and expression.
- ✗Article 32 is the right to move the Supreme Court for enforcement of Fundamental Rights.
Quick tip
Remember: Puttaswamy case (nine judges) = right to privacy is a Fundamental Right, chiefly under Article 21.
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Fundamental Rights — Preparation
This question tests your understanding of Fundamental Rights, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
Fundamental Rights are listed in Part III of the Constitution (Articles 12-35). This topic covers the six Fundamental Rights (equality, freedom, against exploitation, freedom of religion, cultural and educational rights, and constitutional remedies), the five writs, and the landmark cases that shaped these rights. Questions usually ask which article guarantees a right (Article 21 for life and personal liberty, Article 17 for abolition of untouchability), which writ serves which purpose, and why the right to property is no longer a Fundamental Right (it was removed by the 44th Amendment in 1978). B. R. Ambedkar called Article 32 the 'heart and soul' of the Constitution. Practise the Fundamental Rights questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.