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
Explanation
The correct answer is C, Article 21 and the freedoms guaranteed in Part III. The Supreme Court has held privacy to be part of the right to life and personal liberty in Article 21 and of the other freedoms in Part III. In Justice K. S. Puttaswamy v. Union of India (2017), a nine-judge bench unanimously declared privacy a fundamental right, overruling the earlier views in M. P. Sharma (1954) and Kharak Singh (1962). The Court said privacy flows mainly from Article 21 and also from the freedoms of Article 19, and that any restriction must be lawful, necessary and proportionate. Option A is wrong because Article 14 guarantees equality before law, and the 42nd Amendment did not create a right to privacy. Option B is wrong because Article 17 abolishes untouchability, and Directive Principles are not enforceable rights. Option D is wrong because Article 24 bars child labour in hazardous work, and the 44th Amendment is about other matters, such as removing property from the fundamental rights. Exam tip: Puttaswamy (2017), nine judges: privacy is a fundamental right under Article 21 and Part III.
Practice Questions
View allWhich one of the following does not fall under the jurisdiction of the apex court of India?
- A.Original Jurisdiction
- B.Appellate Jurisdiction
- C.Collegiate Jurisdiction
- D.Advisory Jurisdiction
Show answer
The Constitution gives the Supreme Court no such jurisdiction; the collegium is only the system by which senior judges recommend appointments.
Read the full explanation →Who among the following had the shortest span in office as the Prime Minister of India?
- A.Lal Bahadur Shastri
- B.Chaudhary Charan Singh
- C.Chandra Shekhar
- D.H. D. Deve Gowda
Show answer
Among the four, Charan Singh held office for the shortest time, about 170 days. He became Prime Minister on 28 July 1979 after the Janata government of Morarji Desai fell, but resigned on 20 August 1979 without ever facing Parliament, when the Congress withdrew its support.
Read the full explanation →Who among the following was the Chairman of the National Commission for Review of the Working of the Constitution (2000)?
- A.Justice M.N. Venkatachaliah
- B.Justice J.S. Verma
- C.Justice Ranganath Mishra
- D.Justice Y.K. Sabharwal
Show answer
Venkatachaliah. The National Commission to Review the Working of the Constitution was set up by the Union government in February 2000 under Justice M.N.
Read the full explanation →Which one of the following Articles of the Constitution of India requires the Prime Minister of India to furnish information related to decisions of the Council of Ministers to the President of India ?
- A.Article 78
- B.Article 74
- C.Article 75
- D.Article 81
Show answer
Article 78 sets out the duties of the Prime Minister towards the President, chief among them keeping the President informed.
Read the full explanation →Consider the following statements :
1. In India, the Special Marriage Act protects an individual if one enters into an interreligious marriage.
2. Right to marry a person of one's choice is an integral aspect of one's Fundamental Rights under Article 21 of the Constitution of India.
3. The Universal Declaration of Human Rights also resonates marital rights of every adult consenting individuals.
Which of the statements given above is/are correct?
- A.2 and 3 only
- B.1 and 3 only
- C.1,2 and 3
- D.1 only
Show answer
All three statements are correct. The Special Marriage Act, 1954 lets any two Indians marry by civil registration whatever their religion, without either partner having to convert, so it is the law that covers inter-religious marriages.
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