Question

Which of the following rights is considered a component of the Right to Life and Personal Liberty?

• A. Right to Freedom of Speech
• B. Right to Equality
• C. Right to Property
• D. Right to Privacy

Answer 1

Answer:

D. Right to Privacy

Right to Privacy as part of Right to Life

The Right to Privacy has been recognized as a fundamental right in India, stemming from the Right to Life and Personal Liberty guaranteed under Article 21 of the Constitution of India.

Key Supreme Court Judgements:

• M.P. Sharma v. Satish Chandra (1954): Initially, the Supreme Court did not explicitly recognize privacy as a fundamental right.
• Kharak Singh v. State of U.P. (1963): The Court hinted at the existence of a right to privacy, but it was not definitively established.
• Justice K. S. Puttaswamy (Retd.) v. Union of India (2017): In a landmark judgment, a nine-judge bench of the Supreme Court unanimously held that the Right to Privacy is a fundamental right intrinsic to the Right to Life and Personal Liberty (Article 21) and as part of the freedoms guaranteed by Part III of the Constitution.

Scope of the Right to Privacy:

• The right protects an individual's autonomy and personal space from unwarranted intrusion by the state or private entities.
• It encompasses various aspects such as:
  • Bodily integrity
  • Decisional autonomy
  • Protection of personal data and information
  • Freedom from surveillance

Constitutional Basis:

• Article 21: "No person shall be deprived of his life or personal liberty except according to procedure established by law."
• The Supreme Court has interpreted "life" expansively to include all those aspects of life which make a person's life meaningful, liveable, and dignified.
• The right to privacy is not absolute and can be subject to reasonable restrictions imposed by law, provided they meet the tests of "legality, necessity, and proportionality" and serve a legitimate state aim.