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

  • Article 15
  • Article 16
  • Article 19
  • Article 21

Answer: (d) Article 21

Right to Privacy
  • Generally understood that privacy is synonymous with the right to be let alone.
  • The Supreme Court described privacy and its importance in the landmark decision of K.S. Puttaswamy v. Union of India in 2017 that – Right to Privacy is a fundamental and inalienable right and attaches to the person covering all information about that person and the choices that he/ she makes.
  • The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.
  • Restrictions (as stated in the Judgement):
    • The right may be restricted only by state action that passes each of the three tests:
      • First, such state action must have a legislative mandate,
      • Second, it must be pursuing a legitimate state purpose, and
      • Third, it must be proportionate i.e., such state action- both in its nature and extent, must be necessary in a democratic society and the action ought to be the least intrusive of the available alternatives to accomplish the ends.