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UPSC Notes

Right to Privacy (Article 21) and the Puttaswamy Judgment

PYQs

8

Articles

2

Momentum

23

Phase IFoundation

Background

Overview

This is a foundational concept in Indian constitutional law, significantly impacting governance, individual liberties, and the interpretation of other laws. Understanding its scope, limitations, and the 'threefold test' is crucial for UPSC aspirants.

The Supreme Court's landmark judgment in K.S. Puttaswamy (2017) declared the right to privacy as a fundamental right under Article 21 of the Indian Constitution. This right encompasses various aspects, including bodily autonomy and the privacy of genetic data, and any infringement must pass a stringent threefold test.

Phase IIStatic core

Facts & tables

Key facts

Landmark Ruling

K.S. Puttaswamy (2017) declared the right to privacy a fundamental right under Article 21 of the Constitution.

Scope of Privacy

Includes bodily autonomy, informational privacy, and the privacy of genetic data.

Threefold Test

Any restriction on the right to privacy must satisfy the test of legality, legitimate aims, and proportionality.

Impact on Legal Proceedings

Significantly influences judicial orders, such as those compelling genetic disclosure for DNA tests.

Constitutional Basis

Declared a fundamental right under Article 21 (Right to Life and Personal Liberty).

Nature of Right

Not an absolute right; subject to reasonable restrictions.

Scope

Includes informational privacy, protecting personal data, and extends to financial transactions in the digital age.

Judicial Precedent

Affirmed by the Supreme Court in the K.S. Puttaswamy v. Union of India judgment (2017).

Reference table

Static syllabus anchors

TypeReference
Conceptual areaJudiciary & Judicial Review
Conceptual areaConstitutional Amendments & Structure
Conceptual areaFundamental Rights

Reference table

Institutions & roles

BodyRole
Supreme Court of IndiaInterprets the constitution, establishes fundamental rights
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Factual recall

Prelims angle: Conceptual understanding

Quick revision

  • Puttaswamy (2017): Right to Privacy = Fundamental Right (Article 21).
  • Encompasses bodily autonomy, informational privacy, genetic data privacy.
  • Restrictions require 'threefold test': legality, legitimate aims, proportionality.
  • Overturned earlier judgments on privacy not being fundamental.
  • Impacts state actions and judicial orders (e.g., DNA tests).

Elimination traps

Constitutional vs statutory — Distinguish between the constitutional right to privacy and statutory provisions like the DPDP Act that operationalize it.

Check if created by Constitution or by Parliament.

High-confidence PYQs

2025Statement-based questions, Conceptual understanding

With reference to the Indian polity, consider the following statements: I. An Ordinance can amend any Central Act. II. An Ordinance can abridge a Fundamenta...

Indian PolityOpen question
2024Factual recall, Conceptual understanding

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

Indian PolityOpen question
2021Factual recall, Conceptual understanding

‘Right to privacy’ is protected under which Article of the Constitution of India?

Indian PolityOpen question

What is the position of the Right to Property in India?

Indian PolityOpen question
2021Conceptual understanding, Factual recall

‘Right to privacy’ is protected under which Article of the Constitution of India?

Indian PolityOpen question

What is the position of the Right to Property in India?

Indian PolityOpen question
2020Multi-statement analysis, Factual recall

Consider the following statements: 1. Aadhaar metadata cannot be stored for more than three months. 2. State cannot enter into any contract with private cor...

Indian PolityOpen question
2019Factual recall, Conceptual understanding

Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?

Indian PolityOpen question
2018Conceptual understanding, Factual recall

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 a...

Indian PolityOpen question
2017Multi-statement analysis, Factual recall

Which of the following are envisaged by the Right against Exploitation in the Constitution of India? 1. Prohibition of traffic in human beings and forced la...

Indian PolityOpen question

Topic timeline

Judiciary & Judicial ReviewConstitutional Amendments & StructureFundamental Rights
Prelims 2017· Multi-statement analysis, Factual recall

Which of the following are envisaged by the Right against Exploitation in the Constitution of India? 1. Prohibition of traffic in human beings and forced la...

Open question
Prelims 2018· Conceptual understanding, Factual recall

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 a...

Open question
Prelims 2019· Factual recall, Conceptual understanding

Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?

Open question
Prelims 2020· Multi-statement analysis, Factual recall

Consider the following statements: 1. Aadhaar metadata cannot be stored for more than three months. 2. State cannot enter into any contract with private cor...

Open question
Prelims 2021· Factual recall, Conceptual understanding

‘Right to privacy’ is protected under which Article of the Constitution of India?

Open question

What is the position of the Right to Property in India?

Open question
Prelims 2021· Conceptual understanding, Factual recall

‘Right to privacy’ is protected under which Article of the Constitution of India?

Open question

What is the position of the Right to Property in India?

Open question
Prelims 2024· Factual recall, Conceptual understanding

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

Open question
Prelims 2025· Statement-based questions, Conceptual understanding

With reference to the Indian polity, consider the following statements: I. An Ordinance can amend any Central Act. II. An Ordinance can abridge a Fundamenta...

Open question

​Just truths: On DNA evidence and rights

22 Jun 2026 · Puttaswamy judgment established privacy as a fundamental right under Article 21, requiring a threefold test for any restrictions, impacting areas like genetic data disclosure.

Read article

When our meandering money leaves a mark

12 Oct 2026 · The Right to Privacy, a fundamental right under Article 21, now encompasses financial privacy in the digital era, necessitating legal frameworks like the DPDP Act to balance convenience with data protection.

Read article

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Right to Privacy (Article 21) and the Puttaswamy Judgment

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Practice writing on this topic

UPSC has asked 8 linked questions on Right to Privacy (Article 21) and the Puttaswamy Judgment in Mains. Write an answer to one — and get it evaluated.

See Mains PYQsEvaluate an answer

UPSC Prelims PYQs on Right to Privacy (Article 21) and the Puttaswamy Judgment

Practice official previous year questions asked by UPSC related to this concept.

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

2024·Indian Polity
Solve

‘Right to privacy’ is protected under which Article of the Constitution of India?

2021·Indian Polity
Solve

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 a...

2018·Indian Polity
Solve

Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?

2019·Indian Polity
Solve

Consider the following statements: 1. Aadhaar metadata cannot be stored for more than three months. 2. State cannot enter into any contract with private cor...

2020·Indian Polity
Solve

With reference to the Indian polity, consider the following statements: I. An Ordinance can amend any Central Act. II. An Ordinance can abridge a Fundamenta...

2025·Indian Polity
Solve

Which of the following are envisaged by the Right against Exploitation in the Constitution of India? 1. Prohibition of traffic in human beings and forced la...

2017·Indian Polity
Solve

What is the position of the Right to Property in India?

2021·Indian Polity
Solve

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