Right to Privacy as a Fundamental Right is implied in
2014
Right to Privacy as a Fundamental Right is implied in
Answer: B. Right to Life and Personal Liberty — Concept: Part III of the Constitution states some fundamental rights in express words and yields others by implication. An implied (or unenumerated)…
- A.
Right to Freedom
- B.
Right to Life and Personal Liberty
- C.
Right to Equality
- D.
Right against Exploitation
Attempted by 6 students.
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Correct answer: B
Concept: Part III of the Constitution states some fundamental rights in express words and yields others by implication. An implied (or unenumerated) fundamental right is one that appears nowhere in the text but is read into a broadly worded article by the Supreme Court, on the reasoning that the written guarantee cannot be meaningfully enjoyed without it. Article 21, headed “Protection of Life and Personal Liberty”, has been the chief textual home for such derived rights, because the Court reads “life” as life with human dignity rather than mere animal existence, and reads “personal liberty” in its widest amplitude.
Application to this question:
The word “privacy” occurs nowhere in Part III, so the right cannot be found by pointing to a clause that names it; it has to be located inside some existing guarantee by interpretation.
From Gobind v. State of Madhya Pradesh (1975) onwards the Supreme Court traced privacy to the dignity and personal‑liberty content of Article 21, and applied the same reasoning in R. Rajagopal v. State of Tamil Nadu (1994) and in PUCL v. Union of India (1997), the telephone‑tapping case.
In K. S. Puttaswamy v. Union of India (2017) a nine‑judge Bench settled the question, holding that the right to privacy is protected as an intrinsic part of the right to life and personal liberty guaranteed by Article 21.
The guarantee that Article 21 confers is precisely the Right to Life and Personal Liberty, so that is the fundamental right in which privacy is implied.
Cross‑check against the other headings offered:
Right to Freedom is the group heading over Articles 19 to 22. In the standard Part III taxonomy that this paper follows, that heading stands for Article 19’s six named freedoms together with the safeguards on conviction, arrest and preventive detention, while the life‑and‑personal‑liberty guarantee of Article 21 is listed as a fundamental right in its own name — which is why the two appear here as separate choices. The courts have always located privacy in that Article 21 guarantee and not in the Article 19 freedoms, and the official answer key for this paper marks the life‑and‑personal‑liberty choice. Puttaswamy did add that privacy has facets elsewhere in Part III, so the umbrella heading is related to the subject, but it is not the specific right in which privacy is implied.
Right to Equality, Articles 14 to 18, is about equal treatment — equality before the law, non‑discrimination, equality of opportunity in public employment, abolition of untouchability and of titles — not about an inviolate personal sphere.
Right against Exploitation, Articles 23 and 24, prohibits traffic in human beings, begar and other forced labour, and the employment of children below fourteen in hazardous work.
Answer: privacy is implied in the Right to Life and Personal Liberty (Article 21).