According to the Supreme Court's interpretation of the Constitution of India, the fundamental Right to Privacy is primarily protected under which Article of the Constitution?

Difficulty: Medium

Correct Answer: Article 21

Explanation:


Introduction / Context:
In recent years, the Right to Privacy has become a very important topic in Indian constitutional law and public policy, particularly because of issues like data protection, surveillance and personal autonomy. Although the original text of the Constitution did not explicitly mention a Right to Privacy, the Supreme Court has interpreted existing Fundamental Rights to recognise privacy as a fundamental protection for individuals. This question asks under which Article this right is primarily located.


Given Data / Assumptions:
- The Right to Privacy is recognised as a fundamental right through judicial interpretation.- The options include Articles 19, 20, 21 and 18.- We need to identify the Article that is the main constitutional source for this right.


Concept / Approach:
The Supreme Court, particularly in the landmark judgment in K S Puttaswamy versus Union of India, held that the Right to Privacy is an intrinsic part of the right to life and personal liberty guaranteed by Article 21. While elements of privacy are also connected to freedoms under Article 19, the core recognition is anchored in Article 21. Article 20 deals with protection in respect of conviction for offences and Article 18 concerns abolition of titles, neither of which directly forms the foundation of the privacy right.


Step-by-Step Solution:
Step 1: Recall that Article 21 states that no person shall be deprived of life or personal liberty except according to procedure established by law.Step 2: Over time, the Supreme Court has given a broad, liberal meaning to the term personal liberty, including various rights necessary to lead a life of dignity, and among these, privacy has been recognised as a core aspect.Step 3: Article 19 provides freedoms such as speech, movement and association, and some privacy related arguments can be linked to these freedoms, but the central doctrinal base is Article 21.Step 4: Article 20 is limited to criminal procedure protections like no ex post facto law, no double jeopardy and protection against self incrimination, not general privacy.Step 5: Article 18 concerns abolition of titles and has no connection with privacy at all.Step 6: Therefore, the correct answer is Article 21, as interpreted to include the Right to Privacy.


Verification / Alternative check:
A practical way to verify is to remember that many modern Fundamental Right expansions, such as the rights to live with dignity, clean environment, legal aid and now privacy, have been read into Article 21 rather than being separately enumerated. Article 21 thus functions as a rich source of implied rights necessary for a meaningful life and personal liberty.


Why Other Options Are Wrong:
Option A (Article 19) is wrong as the main answer because, although some aspects of privacy intersect with freedoms under Article 19, the Supreme Court bases the fundamental Right to Privacy primarily on Article 21.Option B (Article 20) is wrong because it focuses on safeguards in criminal proceedings and punishment, not on privacy in a broad sense.Option D (Article 18) is wrong since it deals with titles and does not address privacy at all.


Common Pitfalls:
Candidates sometimes think that privacy must be connected to freedom of speech or movement under Article 19 and therefore mistakenly pick that Article. Others may simply guess among the Article numbers without recalling the judicial developments. To avoid such errors, it is important to remember the key idea that Article 21, through judicial interpretation, has become the central provision for many modern rights including the Right to Privacy.


Final Answer:
Correct answer: Article 21

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