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Q92 (IAS/2018) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Life Official Key

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 ?

Result
Your answer:  ·  Correct: C
Explanation

The correct answer is option C because the right to privacy is protected as an intrinsic part of right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution[1]. This was definitively established in the landmark K.S. Puttaswamy case (2017), where the Supreme Court declared right to privacy as a fundamental right[1]. The Court held that privacy safeguards individual autonomy and recognizes the ability of the individual to control vital aspects of his life[1].

Article 21, which guarantees the right to life and personal liberty, has been interpreted expansively by courts to include the right to privacy as one of its intrinsic components. Part III of the Constitution contains all fundamental rights (Articles 12-35), and privacy is protected as part of these freedoms. The other options are incorrect as Article 14 deals with equality, Article 17 with untouchability, and Article 24 with child labor—none of which directly relate to the constitutional basis for the right to privacy as established by judicial interpretation.

Sources
  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > K.S. PUTTASWAMY CASE (2017) > p. 641
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PROVENANCE & STUDY PATTERN
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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of I…
At a glance
Origin: Mixed / unclear origin Fairness: Low / Borderline fairness Books / CA: 2.5/10 · 0/10
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This is the quintessential 'Current Affairs driven Static' question. The 2017 K.S. Puttaswamy judgment was the biggest legal event of the year. The strategy is simple: When the Supreme Court announces a new right, you must memorize exactly which existing Article it was 'read into' (usually Art 21 or 19).

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Do Article 14 and the provisions under the 42nd Amendment to the Constitution of India imply that the right to privacy is protected as an intrinsic part of the right to life and personal liberty?
Origin: Weak / unclear Fairness: Borderline / guessy
Indirect textbook clues
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > K.S. PUTTASWAMY CASE (2017) > p. 641
Strength: 5/5
“Fundamental right to Related Topic/ privacy Issue : 21Related Article/ Schedule HAMD Supreme Court Judgement: It declared right to privacy as a fundamental right. It ruled that right to privacy is protected as an intrinsic part of right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution. It said that privacy safeguards individual autonomy and recognizes the ability of the individual to control vital aspects of his life. Impact of the Judgement: This judgement over-ruled the two earlier judgements delivered in M.P. Sharma case<sup>24</sup> (1954) and Kharak Singh case<sup>25</sup> (1962).”
Why relevant

States that the Supreme Court (K.S. Puttaswamy) declared right to privacy as intrinsic to right to life and personal liberty under Article 21.

How to extend

A student could use this precedent as a baseline and then check whether Article 14 or the 42nd Amendment were relied upon or discussed in that judgment to support privacy.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > REFERENCES > p. 164
Strength: 4/5
“"Rule of Law" to be a "basic feature" of our Constitution, — apart from its specific and express provisions [Indira v Raj Narain, AIR 1975 SC 2299 (Ray CJ, Khanna J, Chandrachud [1]. • 14. Eg, right to travel abroad deduced from "personal liberty" in Article 21 [Maneka v UOI, AIR 1978 SC 597, para 54: (1978) 1 SCC 248, affirming Satwant Assistant Passport Officer, AIR 1967 SC 1836, p 1844-45]; so also right to privacy deduced from Article 19 and 21 [Justice K S Puttastvamy v UOI, AIR 2017 SC 4161 (a nine judge Bench)”
Why relevant

Notes that rights such as travel abroad and privacy have been deduced from Article 21 (and sometimes Article 19) in landmark cases like Maneka and Puttaswamy.

How to extend

One could examine the patterns of judicial deduction from Article 21 to see whether Article 14 or amendment provisions have been used similarly to ground privacy.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2018 TEST PAPER > p. 754
Strength: 4/5
“UPSC Questions on Indian Polity (General Studies-Prelims 2013-2023) 755 Which of the following in the Constitution of India correctly and appropriately imply the above statement? (a) Article 14 and the provisions under the 42nd Amendment to the Constitution (b) Article 17 and the Directive Principles of State Policy in Part IV (c) Article 21 and the freedoms guaranteed in Part. III (d) Article 24 and the provisions under the 44th Amendment to the Constitution 4. With reference to the election of the President of India, consider the following statements: 1. The value of the vote of each MLA varies from State to State.”
Why relevant

Shows an exam question that explicitly asks which constitutional provisions (including 'Article 14 and the provisions under the 42nd Amendment') correctly imply the given statement — indicating this combination is a recognized line of inquiry.

How to extend

A student could trace the sources tested by such questions to find legislative text or case law tying Article 14/42nd Amendment to privacy claims.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Fundamental Rights and Fundamental Duties IJl > p. 176
Strength: 3/5
“Article 31D, which had been inserted by the Constitution (42nd Amendment) Act, 1976, has since been repealed by the 43rd Amendment Act, 1977. • 390. It is interesting to note that the Author suggested at p 289 of vol A of the 6th Edn of the Commentary, that a separate part should be engrafted to incorporate fundamental duties. • 391.”
Why relevant

Records that Article 31D was inserted by the 42nd Amendment (and later repealed), showing the 42nd Amendment did alter fundamental-rights-related provisions.

How to extend

A student might inspect the specific provisions added by the 42nd Amendment (and their subject matter) to judge whether they could be read to affect privacy or Article 21 interpretations.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 8 Fundamental Rights and Fundamental Duties 97 > p. 98
Strength: 3/5
“Thus- (a) Some of the fundamental rights are granted only to citizens-(i) Protection from discrimination on grounds only of religion, race, caste, sex or place of birth [Article 15]; (ii) Equality of opportunity in matters of public employment [Article 16]; (iii) Freedoms of speech, assembly, association, movement, residence and profession [Article 19]; (iv) Cultural and educational rights of minorities [Article 30]. (b) Some of the fundamental rights, on the other hand, are available to any person on the soil of India-citizen or foreigner-(i) Equality before the law and equal protection of the Laws [Article 14]; (ii) Protection in respect of conviction against ex post facto laws, double punishment and self-incrimination [Article 20]; (iii) Protection of life and personal liberty against action without authority of law [Article 21]; (iv) Right against exploitation [Article 23]; (v) Freedom of religion [Artic III.”
Why relevant

Clarifies that Article 14 (equality before law/equal protection) is a fundamental right available to any person, distinct from Article 21 which protects life and personal liberty.

How to extend

One could analyze whether principles of equality under Article 14 have been used by courts to support privacy claims as an incident of Article 21 rights.

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