Question

Right to Privacy as a Fundamental Right is implied in:
1. Right to Freedom
2. Right to Equality
3. Right against Exploitation
4. Right to Life and Personal Liberty
5.

Answer 1

Correct Answer - Option 4 : Right to Life and Personal Liberty

The correct answer is Right to Life and Personal Liberty.

• Privacy is synonymous with the right to be let alone.
• The right to privacy as a Fundamental Right is implied in the Right to Life & Personal Liberty.
  • It is vested in Article 21.
  • Justice K. S. Puttaswamy and vs Union Of India gave the landmark judgment of the Supreme Court of India which holds that the right to privacy is a Fundamental Right.
  • Fundamental Rights are vested in Articles 12 to 35 In Part III.​

• Restrictions (as stated in the Judgement):
  • The right may be restricted only by state action that passes each of the three tests:
  • First, such state action must have a legislative mandate;
  • Second, it must be pursuing a legitimate state purpose; and
  • Third, it must be proportionate i.e., such state action- both in its nature and extent, must be necessary for a democratic society and the action ought to be the least intrusive of the available alternatives to accomplish the ends.