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Indian PolityEasyAsked in: UPSC Civil Services · CSE Prelims 2024, GS Paper I

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy ?

  1. A.Article 15
  2. B.Article 16
  3. C.Article 19
  4. D.Article 21

Correct answer

D. Article 21

Explanation

The correct answer is D, Article 21. The Supreme Court held that privacy is an intrinsic part of the right to life and personal liberty guaranteed by Article 21.

The ruling came in Justice K.S. Puttaswamy (Retd.) v. Union of India in August 2017, when a nine-judge bench unanimously declared privacy a fundamental right. It overruled the earlier cases of M.P. Sharma (1954) and Kharak Singh (1962), which had said the Constitution gave no such right. The court added that privacy also draws strength from the freedoms in Part III as a whole, but its home is Article 21, which says no person shall be deprived of life or personal liberty except by procedure established by law.

A is wrong because Article 15 bars discrimination on grounds of religion, race, caste, sex or place of birth. B is wrong because Article 16 deals with equality of opportunity in public employment. C is wrong because Article 19 lists six freedoms such as speech and movement.

Exam tip: Puttaswamy 2017, nine judges, privacy under Article 21.

Practice Questions

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Q2.Indian PolityAsked in: UPSC Civil Services · CSE Prelims 2024, GS Paper IMedium

With reference to Union Budget, consider the following statements : 1. The Union Finance Minister on behalf of the Prime Minister lays the Annual Financial Statement before both the Houses of Parliament. 2. At the Union level, no demand for a grant can be made except on the recommendation of the President of India. Which of the statements given above is/are correct ?

  1. A.1 only
  2. B.2 only
  3. C.Both 1 and 2
  4. D.Neither 1 nor 2
Show answer
Correct answer: B. 2 only

Demands for grants need the President's recommendation, but the Budget is laid on behalf of the President, not the Prime Minister.

Q3.Indian PolityAsked in: UPSC Civil Services · CSE Prelims 2024, GS Paper IMedium

Consider the following statements : 1. It is the Governor of the State who recognizes and declares any community of that State as a Scheduled Tribe. 2. A community declared as a Scheduled Tribe in a State need not be so in another State. Which of the statements given above is/are correct?

  1. A.1 only
  2. B.2 only
  3. C.Both 1 and 2
  4. D.Neither 1 nor 2
Show answer
Correct answer: B. 2 only

The President, not the Governor, specifies Scheduled Tribes, and the list is made state by state.

Q5.Indian PolityAsked in: UPSC Civil Services · CSE Prelims 2024, GS Paper IMedium

Consider the following statements regarding 'Nari Shakti Vandan Adhiniyam' : 1. Provisions will come into effect from the 18th Lok Sabha. 2. This will be in force for 15 years after becoming an Act. 3. There are provisions for the reservation of seats for Scheduled Castes Women within the quota reserved for the Scheduled Castes. Which of the statements given above are correct?

  1. A.1, 2 and 3
  2. B.1 and 2 only
  3. C.2 and 3 only
  4. D.1 and 3 only
Show answer
Correct answer: C. 2 and 3 only

The Act runs for 15 years and reserves seats for SC women inside the SC quota, but it did not start with the 18th Lok Sabha.