Civil Services Prep

Prelims 2018 · Polity and Constitution · Question 92

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?

  1. Article 14 and the provisions under the 42nd Amendment to the Constitution
  2. Article 17 and the Directive Principles of State Policy in Part IV
  3. Article 21 and the freedoms guaranteed in Part III
  4. Article 24 and the provisions under the 44th Amendment to the Constitution

Answer

Article 21 and the freedoms guaranteed in Part III

  • (a) Article 14 + 42nd Amendment: Article 14 is about equality before law, and the 42nd Amendment did not establish privacy as part of life and liberty. Incorrect.
  • (b) Article 17 + DPSP: Article 17 abolishes untouchability; DPSPs are non-justiciable and not the basis for recognizing privacy as a fundamental right. Incorrect.
  • (c) Article 21 + freedoms in Part III: In K.S. Puttaswamy (2017), the Supreme Court held privacy is intrinsic to Article 21 and also linked it with the freedoms under Part III. Correct.
  • (d) Article 24 + 44th Amendment: Article 24 prohibits child labour in hazardous employment; the 44th Amendment is not the constitutional basis for the privacy right. Incorrect.

Answer: (c)

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