UPSC Notes

Right to Privacy (Article 21) and the Puttaswamy Judgment

PYQs

8

Articles

1

Momentum

21

Phase IFoundation

Background

Overview

This is a foundational concept in Indian constitutional law, significantly impacting governance, individual liberties, and the interpretation of other laws. Understanding its scope, limitations, and the 'threefold test' is crucial for UPSC aspirants.

The Supreme Court's landmark judgment in K.S. Puttaswamy (2017) declared the right to privacy as a fundamental right under Article 21 of the Indian Constitution. This right encompasses various aspects, including bodily autonomy and the privacy of genetic data, and any infringement must pass a stringent threefold test.

Phase IIStatic core

Facts & tables

Key facts

Landmark Ruling

K.S. Puttaswamy (2017) declared the right to privacy a fundamental right under Article 21 of the Constitution.

Scope of Privacy

Includes bodily autonomy, informational privacy, and the privacy of genetic data.

Threefold Test

Any restriction on the right to privacy must satisfy the test of legality, legitimate aims, and proportionality.

Impact on Legal Proceedings

Significantly influences judicial orders, such as those compelling genetic disclosure for DNA tests.

Reference table

Static syllabus anchors

TypeReference
Conceptual areaConstitutional Amendments & Structure
Conceptual areaFundamental Rights
Conceptual areaJudiciary & Judicial Review

Reference table

Institutions & roles

BodyRole
Supreme Court of IndiaInterprets the constitution, establishes fundamental rights
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Factual recall

Prelims angle: Conceptual understanding

Quick revision

  • Puttaswamy (2017): Right to Privacy = Fundamental Right (Article 21).
  • Encompasses bodily autonomy, informational privacy, genetic data privacy.
  • Restrictions require 'threefold test': legality, legitimate aims, proportionality.
  • Overturned earlier judgments on privacy not being fundamental.
  • Impacts state actions and judicial orders (e.g., DNA tests).

High-confidence PYQs

Topic timeline

Constitutional Amendments & StructureFundamental RightsJudiciary & Judicial Review

​Just truths: On DNA evidence and rights

22 Jun 2026 · Puttaswamy judgment established privacy as a fundamental right under Article 21, requiring a threefold test for any restrictions, impacting areas like genetic data disclosure.

Read article

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