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?
- AArticle 14 and the provisions under the 42nd Amendment to the Constitution
- BArticle 17 and the Directive Principles of State Policy in Part IV
- CArticle 21 and the freedoms guaranteed in Part IIICorrect
- DArticle 24 and the provisions under the 44th Amendment to the Constitution
Explanation
The question asks which part of the Constitution correctly and appropriately implies that the Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty.
The Supreme Court of India, in its landmark judgment in K.S. Puttaswamy v. Union of India (2017), unanimously declared the Right to Privacy as a Fundamental Right. The Court held that privacy is an intrinsic part of the Right to Life and Personal Liberty guaranteed under Article 21 of the Constitution. Furthermore, the Court also noted that various aspects of privacy are protected under other freedoms guaranteed in Part III of the Constitution (Fundamental Rights), such as Article 19 (freedom of speech and expression, movement, etc.). Therefore, the Right to Privacy draws its essence from both Article 21 and the broader framework of Fundamental Rights in Part III.
Let's look at why other options are incorrect:
A) Article 14 and the provisions under the 42nd Amendment to the Constitution: Article 14 deals with equality before law. The 42nd Amendment primarily dealt with emergency provisions, fundamental duties, and changes to the Preamble, not directly the Right to Privacy. B) Article 17 and the Directive Principles of State Policy in Part IV: Article 17 deals with the abolition of untouchability. Directive Principles are non-justiciable and do not directly deal with the Right to Privacy as a fundamental right. D) Article 24 and the provisions under the 44th Amendment to the Constitution: Article 24 prohibits child labor. The 44th Amendment primarily dealt with emergency provisions and property rights. Thus, Article 21 and the freedoms guaranteed in Part III are the most appropriate and direct implications for the Right to Privacy.

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