Right to Privacy (Article 21) and the Puttaswamy Judgment
Indian Polity & Governance
- PYQs8
- Articles1
Background
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.
Facts & tables
- 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.
| Type | Reference |
|---|---|
| Conceptual area | Constitutional Amendments & Structure |
| Conceptual area | Fundamental Rights |
| Conceptual area | Judiciary & Judicial Review |
| Body | Role |
|---|---|
| Supreme Court of India | Interprets the constitution, establishes fundamental rights |
Prelims angle
Prelims angle: Factual recall
Prelims angle: Conceptual understanding
- 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).
| Year | Framing tags |
|---|---|
| 2025 | Statement-based questions, Conceptual understanding |
| 2024 | Factual recall, Conceptual understanding |
| 2021 | Factual recall, Conceptual understanding |
| 2021 | Conceptual understanding, Factual recall |
| 2020 | Multi-statement analysis, Factual recall |
| 2019 | Factual recall, Conceptual understanding |
| 2018 | Conceptual understanding, Factual recall |
| 2017 | Multi-statement analysis, Factual recall |
Timeline
-
Constitutional Amendments & Structure
Conceptual area
-
Fundamental Rights
Conceptual area
-
Judiciary & Judicial Review
Conceptual area
-
Prelims 2017
Multi-statement analysis, Factual recall
-
Prelims 2018
Conceptual understanding, Factual recall
-
Prelims 2019
Factual recall, Conceptual understanding
-
Prelims 2020
Multi-statement analysis, Factual recall
-
Prelims 2021
Factual recall, Conceptual understanding
-
Prelims 2021
Conceptual understanding, Factual recall
-
Prelims 2024
Factual recall, Conceptual understanding
-
Prelims 2025
Statement-based questions, Conceptual understanding
-
Just truths: On DNA evidence and rights
Puttaswamy judgment established privacy as a fundamental right under Article 21, requiring a threefold test for any restrictions, impacting areas like genetic data disclosure.
See also
Past papers
2017–2025 · 8 questions
In the news
Just truths: On DNA evidence and rights
Puttaswamy judgment established privacy as a fundamental right under Article 21, requiring a threefold test for any restrictions, impacting areas like genetic data disclosure.
Try these PYQs
Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?
* The Supreme Court of India, in its landmark judgment in Justice K.S. Puttaswamy (Retd.) vs Union of India (2017), declared that the Right to Privacy is a fundamental right enshrined in the Constitution of India. * The court held that this right is protected under Article 21 of the Constitution, which guarantees the Right to Life and Personal Liberty. * Article 21: States that 'No person shall be deprived of his life or personal liberty except according to the procedure established by law.' The court interpreted 'personal liberty' broadly to include various aspects of privacy. _While the other options are fundamental rights, they are not directly where the Right to Privacy is placed:_ * Article 15: Prohibits discrimination on grounds of religion, race, caste, sex or place of birth. * Article 16: Guarantees equality of opportunity in matters of public employment. * Article 19: Guarantees certain freedoms like speech and expression, assembly, etc.
‘Right to privacy’ is protected under which Article of the Constitution of India?
The right to privacy in India is not explicitly mentioned in a single article of the Constitution. However, it is considered an intrinsic part of the fundamental right to life and liberty guaranteed under Article 21. This recognition came about through a landmark Supreme Court judgment in 2017, K.S. Puttaswamy (Retd) vs Union of India. The court ruled that the right to privacy is an inseparable part of the right to life and personal liberty, and is protected under Article 21.
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?
Right to Privacy and Article 21: Article 21 of the Indian Constitution guarantees the right to life and personal liberty. In the landmark 2017 judgment of K.S. Puttaswamy (Retd.) vs. Union of India, the Supreme Court of India unanimously held that the right to privacy is an intrinsic part of Article 21. This ruling reinforced privacy as a fundamental right, ensuring protection against unwarranted state and private intrusions. Part III of the Constitution covers Fundamental Rights, which include: - Article 19: Right to freedom of speech and expression, freedom of movement, and other essential liberties. - Article 21: Right to life and personal liberty, which now includes privacy after the Puttaswamy judgment. Article 14: Ensures equality before the law, but does not explicitly deal with privacy. Article 17: Abolishes untouchability. Directive Principles of State Policy (DPSPs) are non-enforceable guidelines, not fundamental rights. Article 24: Prohibits child labor but has no relation to privacy. Thus, the right to privacy is most closely linked to Article 21 and the freedoms guaranteed in Part III of the Indian Constitution. Hence the correct answer is option (c).
Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?
Article 21: This article states that "No person shall be deprived of his life or personal liberty except according to procedure established by law." Over the years, the Supreme Court of India has expanded the scope of personal liberty to include various fundamental rights, including the right to marry a person of one's choice. Shamima Begum vs. State of Assam (2018): The court ruled that a woman has the right to marry a person of her choice, reinforcing that personal decisions related to marriage fall under individual autonomy and personal liberty as guaranteed by Article 21. Hadiya's case (Shafin Jahan vs. Asokan K.M): The Supreme Court upheld the right to marry as a fundamental right under Article 21. It ruled that an adult woman is free to make decisions regarding her marriage, rejecting attempts to interfere in personal choices. The court emphasized that state or societal disapproval cannot restrict an individual’s right to marry.
Consider the following statements:
1. Aadhaar metadata cannot be stored for more than three months.
2. State cannot enter into any contract with private corporations for sharing of Aadhaar data.
3. Aadhaar is mandatory for obtaining insurance products.
4. Aadhaar is mandatory for getting benefits funded out of the Consolidated Fund of India.
Which of the statements given above is/are correct?
Statement 1 is incorrect: The Supreme Court ruled that Aadhaar metadata cannot be stored for more than six months, which invalidated the provision in the Aadhaar Act that allowed the storage of such data for up to five years. Statement 2 is correct: The Supreme Court struck down Section 57 which allowed private corporations to verify Aadhaar data. The Court held this provision unconstitutional, as it was seen to violate privacy rights. Statement 3 is incorrect: The 2018 Supreme Court judgment declared that making Aadhaar mandatory for services beyond welfare schemes, including financial services like insurance or for preventing money laundering, was unconstitutional. In response to this ruling, the IRDAI issued an advisory in 2019, clarifying that Aadhaar is not mandatory for obtaining insurance. It also withdrew its earlier 2017 policy that had made Aadhaar compulsory for insurance in the context of anti-money laundering measures. Statement 4 is correct: In the Aadhaar verdict, the Supreme Court upheld Section 7 of the Aadhaar Act, which allows the Central or State Governments to make Aadhaar authentication mandatory for receiving subsidies, benefits, or services funded by the Consolidated Fund of India. The Court defined welfare schemes as those funded by the Consolidated Fund of India, thus validating the use of Aadhaar for such schemes. Therefore, the correct answer is B. 2 and 4 only.
Show 3 more PYQs
With reference to the Indian polity, consider the following statements:
I. An Ordinance can amend any Central Act.
II. An Ordinance can abridge a Fundamental Right.
III. An Ordinance can come into effect from a back date.
Which of the statements given above are correct?
An Ordinance is a temporary law issued by the President (Article 123) or Governor (Article 213) when the legislature is not in session. It holds the same force as a regular law, but must adhere to constitutional limits. ✅ Statement I: Correct
* An Ordinance can amend any Central Act, just like a Parliamentary law, subject to constitutional provisions. ❌ Statement II: Incorrect
* Ordinances cannot abridge Fundamental Rights as per Article 13(2) of the Constitution. Any such provision is void. ✅ Statement III: Correct
* Ordinances can be given retrospective effect, i.e., they can be enforced from a past date.
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 labour
2. Abolition of untouchability
3. Protection of the interests of minorities
4. Prohibition of employment of children in factories and mines
Select the correct answer using the code given below:
The Right against Exploitation under the Indian Constitution aims to protect individuals from forced labor, human trafficking, and child exploitation. It specifically includes: - Prohibition of human trafficking and forced labor (Article 23): This article bans begar (forced, unpaid labor), bonded labor, and human trafficking in any form. It also prohibits the state and private entities from compelling people to work without fair wages. - Prohibition of child labor in hazardous occupations (Article 24): This article prohibits the employment of children below the age of 14 in factories, mines, or other hazardous occupations to ensure their safety and well-being. While other rights are crucial, they are not part of the Right against Exploitation: - Abolition of untouchability (Article 17) falls under the Right to Equality and prohibits the practice of untouchability in any form. - Protection of the interests of minorities is covered under Articles 25-30 and primarily falls under the Right to Freedom of Religion and Cultural & Educational Rights. Thus, the Right against Exploitation focuses specifically on preventing forced labor, human trafficking, and child labor, ensuring dignity and freedom from exploitation Therefore, the correct option is (C) 1 and 4 only.
What is the position of the Right to Property in India?
Previously a Fundamental Right
- Before 1978, the Indian Constitution guaranteed the right to property as a fundamental right under Article 19(1)(f) and Article 31.
- This meant citizens had the right to acquire, hold, and dispose of their property.
- Article 31 also ensured that the government couldn't take over private property without due compensation and for public purposes only. Change in 1978
- The 44th Amendment Act of 1978 changed the status of the Right to Property.
- Articles 19(1)(f) and 31 were removed from the list of fundamental rights.
- A new Article, 300-A, was introduced under Part XII of the Constitution. Current Status: A legal right available to any person.
- Article 300-A states, "No person shall be deprived of his property save by authority of law."
- This means the government can still acquire private property, but only under legal authorization.
- The law should be fair and reasonable, and the government has the power to decide the quantum of compensation.