Question

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), which one of the following is correct?

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

Hint:

Do not confuse a right being Fundamental with being expressly written. Privacy is a Fundamental Right because the Supreme Court interpreted it from Articles 14, 19 and 21.

Answer 1

The Correct Option is D

Step 1: Read the Assertion and Reason.
Assertion (A) says the right to privacy has been judicially recognised as part of Article 21. Reason (R) says privacy is expressly written as a separate Fundamental Right in Part III. We must judge both in light of the Puttaswamy (2017) case.

Step 2: Recall the Puttaswamy case.
In Justice K.S. Puttaswamy v. Union of India (2017), a nine-judge bench unanimously held that the right to privacy is a Fundamental Right protected by the Constitution.

Step 3: Check the Assertion.
Article 21 protects life and personal liberty. The Court held that privacy is part of human dignity, liberty and autonomy. So privacy forms an integral part of Article 21. The Assertion is true.

Step 4: Check the Reason.
The Constitution has no separate article expressly titled Right to Privacy. Privacy was read into Articles 14, 19 and 21 through interpretation. So it is a Fundamental Right by interpretation, not by express text. The Reason is false.

Step 5: Match A and R.
The Assertion is true but the Reason is false. So the right combination is the option which says A is true but R is false.

Step 6: Conclude.
So the correct answer is that (A) is true, but (R) is false.
\[ \boxed{\text{(A) is true, but (R) is false.}} \]