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Assertion (A) : The right to privacy has been judicially recognised as an integral part of Article 21 of the Constitution of India.
Reason (R) : Privacy is expressly enumerated as a separate Fundamental Right in Part III of the Constitution of India.

In the context of the Constitution of India and the decision in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) 10 SCC 1, which one of the following is correct ?

  • A.(A) is false, but (R) is true.
  • B.Both (A) and (R) are true, and (R) is the correct explanation of (A).
  • C.(A) is true, but (R) is false.
  • D.Both (A) and (R) are true, but (R) is not the correct explanation of (A).

Answer: C

(A) is true, but (R) is false.

In Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) a nine-judge bench unanimously held that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as part of the freedoms in Part III, overruling M.P. Sharma and Kharak Singh to the extent they held otherwise. So the Assertion is true.

The Reason is false. Privacy is not expressly enumerated anywhere in Part III; the Court had to derive it from Article 21 and the other freedoms precisely because it is not written into the text. A false Reason cannot explain anything, so both 'both true' options fail.

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