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?
A
Article 14 and the provisions under the 42nd Amendment to the Constitution
B
Article 17 and the Directive Principles of State Policy in Part IV
C
Article 21 and the freedoms guaranteed in Part III
D
Article 24 and the provisions under the 44th Amendment to the Constitution
Correct Answer: Option C
Explanation
1. The statement posits that the Right to Privacy is protected as an intrinsic part of the Right to Life and Personal Liberty.
2. The Supreme Court of India, in the landmark K.S. Puttaswamy judgment (2017), definitively held that the Right to Privacy is a fundamental right.
3. The Court ruled that this right emanates primarily from Article 21 of the Constitution of India, which guarantees the Right to Life and Personal Liberty. It also recognized that elements of privacy arise from other fundamental rights guaranteed in Part III of the Constitution (which contains the fundamental rights, including various freedoms like speech, movement, etc.).
4. Option (A) is incorrect. Article 14 deals with equality before the law. The 42nd Amendment made significant changes but isn't the direct source of the privacy right's link to Article 21.
5. Option (B) is incorrect. Article 17 deals with the abolition of untouchability. Directive Principles of State Policy (Part IV) are non-justiciable guidelines for the state.
6. Option (C) correctly identifies Article 21 as the primary source and acknowledges the role of other fundamental rights (freedoms guaranteed in Part III) as contributing facets of the Right to Privacy.
7. Option (D) is incorrect. Article 24 prohibits child labor. The 44th Amendment primarily dealt with reversing some changes of the 42nd Amendment and strengthening protections against emergency provisions.