FUNDAMENTAL RIGHTS

Introduction
 The Fundamental Rights are enshrined in Part III of the Constitution (Articles 12-35).
 Part III of the Constitution is described as the Magna Carta of India.
 ‘Magna Carta’, the Charter of Rights issued by King John of England in 1215 was the first written document relating
to the Fundamental Rights of citizens.
 The Fundamental Rights: The Constitution of India provides for six Fundamental Rights:
1. Right to equality (Articles 14–18)
2. Right to freedom (Articles 19–22)
3. Right against exploitation (Articles 23–24)
4. Right to freedom of religion (Articles 25–28)
5. Cultural and educational rights (Articles 29–30)
6. Right to constitutional remedies (Article 32)
 Originally the constitution also included Right to property (Article 31). However, it was deleted from the list of
Fundamental Rights by the 44th Amendment Act, 1978.
 It is made a legal right under Article 300-A in Part XII of the Constitution.
 Provision for Laws Violating Fundamental Rights: Article 13 of the Indian constitution declares that all laws that are
inconsistent with or in derogation of any of the fundamental rights shall be void.
 This power has been conferred on the Supreme Court (Article 32) and the high courts (Article 226).
 Further, the article declares that a constitutional amendment cannot be challenged (as it is not a law).
 However, the Supreme Court in the Kesavananda Bharati case (1973) held that a Constitutional amendment can be
challenged if it violates a fundamental right.
 Writ Jurisdiction: A writ is a legal order given by a court of law.
 The Supreme Court (Article 32) and the High courts (Article 226) can issue the writs of habeas corpus, mandamus,
prohibition, certiorari and quo-warranto.
Features of the Fundamental Rights:
 Protected by Constitution: Fundamental Rights, unlike ordinary legal rights, are protected and guaranteed by the
constitution of the country.
 Some of the rights are available only to the citizens while others are available to all persons whether citizens,
foreigners or legal persons like corporations or companies.
 Not Sacrosanct, Permanent, or Absolute: They are not sacrosanct or permanent and the Parliament can curtail or
repeal them but only by a constitutional amendment act.
 The rights are not absolute but qualified.
 The state can impose reasonable restrictions on them, however, the reasonability of the restrictions is decided by the
courts.
 Rights are Justiciable: The rights are justiciable and allow persons to move the courts for their enforcement, if and
when they are violated.
 Any aggrieved person can directly go to the Supreme Court in case of violation of any fundamental right.
 Suspension of Rights: The rights can be suspended during the operation of a National Emergency except the rights
guaranteed by Articles 20 and 21.
 Further, the six rights of freedom guaranteed by Article 19 can be suspended only when there is an external
emergency war or external aggression [and not on the ground of armed rebellion i.e., internal emergency.]
 Restriction of Laws: Their application to the members of armed forces, paramilitary forces, police forces, intelligence
agencies and analogous services can be restricted or abrogated by the Parliament (Article 33).
 Their application can be restricted while martial law (military rule imposed under abnormal circumstances) is in force
in any area.
1. Right to Equality (Article 14, 15, 16, 17 and 18):
 Equality Before Law: Article 14 says that no person shall be denied treatment of equality before the law or the equal
protection of the laws within the territory of India.
 The right is extended to all persons whether citizens or foreigners, statutory corporations, companies, registered
societies or any other type of legal person.
 Exceptions: As per article 361, the President of India or Governor of states is not answerable to any court for the
exercise of their powers/duties and no civil or criminal proceedings can occur or continue against them in any court
during their term of office.
- As per article 361-A, no civil or court proceedings can occur for a person for publishing any substantially true report
of either House of the Parliament and State Legislature.
- No member of Parliament (article 105) and State Legislature (article 194) shall be liable to any court proceedings in
respect of anything said or any vote given by him in Parliament or any committee.
- The foreign sovereigns (rulers), ambassadors and diplomats enjoy immunity from criminal and civil proceedings.
Prohibition of Discrimination: Article 15 provides that no citizen shall be discriminated on grounds only of religion, race,
caste, sex or place of birth.
 Exception: Certain provisions can be made for the women, children, citizens from any socially or educationally
backward class for their upliftment (such as reservation and access to free education).
 Equality of Opportunity in Public Employment: Article 16 of the Indian constitution provides for equality of
opportunity for all citizens in matters of employment or appointment to any public office.
 Exceptions: There are provisions for reservation in appointments or posts for any backward class that is not
adequately represented in the state services.
 Also, an incumbent of a religious or denominational institution may belong to the particular religion or denomination.
 Abolition of Untouchability: Article 17 abolishes ‘untouchability’ and forbids its practice in any form. The
enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law.
 A person convicted of the offence of ‘untouchability’ is disqualified for election to the Parliament or state legislature.
The acts of offences include:
1. Preaching untouchability directly or indirectly.
2. Preventing any person from entering any shop, hotel, public place of worship and place of public entertainment.
3. Refusing to admit persons in hospitals, educational institutions or hostels established for public benefit.
4. Justifying untouchability on traditional, religious, philosophical or other grounds.
5. Insulting a person belonging to scheduled caste on the ground of untouchability.
 Abolition of Titles: Article 18 of the constitution of India abolishes titles and makes four provisions in that regard:
 It prohibits the state from conferring any title on any citizen or a foreigner (except a military or academic distinction).
 It prohibits a citizen of India from accepting any title from any foreign state.
 A foreigner holding any office of profit or trust under the state cannot accept any title from any foreign state without
the consent of the President of India.
 No citizen or foreigner holding any office of profit or trust within the territory of India can accept any present,
emolument or office from or under any foreign State without the consent of the president.
2. Right to Freedom (Article 19, 20, 21 and 22):
 Protection of 6 Rights: Article 19 guarantees to all citizens the six rights of freedom including:
 Article 19 (a)-Right to freedom of speech and expression.
 Expressing one’s own views, opinions, belief and convictions freely by word of mouth, writing, printing, picturing or
in any other manner.
 Article 19 (b)-Right to assemble peaceably and without arms.
 Includes the right to hold public meetings, demonstrations and take out processions which can be exercised only on
public land.
 It does not protect violent, disorderly and riotous assemblies or strike.
 Article 19 (c)-Right to form associations or unions or co-operative societies.
 It includes the right to form (and not to form) political parties, companies, partnership firms, societies, clubs,
organisations, trade unions or anybody of persons.
 Article 19 (d)-Right to move freely throughout the territory of India.
 The freedom of movement has two dimensions, viz, internal (right to move inside the country) (article 19) and
external (right to move out of the country and right to come back to the country) (article 21).
 Article 19 (e)-Right to reside and settle in any part of the territory of India.
 The right of outsiders to reside and settle in tribal areas is restricted to protect the distinctive culture and customs of
scheduled tribes and to safeguard their traditional vocation and properties against exploitation.
 Article 19 (f)-
 Omitted by 44th amendment, 1978.
 Article 19 (g)-Right to practice any profession or to carry on any occupation, trade or business.
 It doesn’t include the right to carry on a profession that is immoral (trafficking in women or children) or dangerous
(harmful drugs or explosives, etc,).
 Protection in Respect of Conviction for Offences: Article 20 grants protection against arbitrary and excessive
punishment to an accused person, whether citizen or foreigner or legal person like a company or a corporation. It
provides that:
 No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the
act or subjected to a penalty greater than that prescribed by the law.
 No person shall be prosecuted and punished for the same offence more than once. (Double Jeopardy)
 No person accused of any offence shall be compelled to be a witness against himself. (Testimonial compulsion)
 Protection of Life and Personal Liberty: Article 21 declares that no person shall be deprived of his life or personal
liberty except according to procedure established by law. This right is available to both citizens and non-citizens.
 The right to life is not merely confined to animal existence or survival but also includes the right to live with human
dignity and all those aspects of life which go to make a man’s life meaningful, complete and worth living.
 Right to Education: Article 21 (A) declares that the State shall provide free and compulsory education to all children
of the age of six to fourteen years.
 This provision makes only elementary education a Fundamental Right and not higher or professional education.
 This provision was added by the 86th Constitutional Amendment Act of 2002.
 Before the 86th amendment, the Constitution contained a provision for free and compulsory education for children
under Article 45 in Part IV of the constitution.
 Protection Against Arrest and Detention: Article 22 grants protection to persons who are arrested or detained.
 Detention is of two types, namely, punitive (punishment after trial and conviction) and preventive (punishment
without trial and conviction).
 The first part of Article 22 deals with the ordinary law and includes:
 Right to be informed of the grounds of arrest.
 Right to consult and be defended by a legal practitioner.
 Right to be produced before a magistrate within 24 hours, excluding the journey time.
 Right to be released after 24 hours unless the magistrate authorises further detention.
 The second part of Article 22 deals with preventive detention law. Protection under this article is available to both
citizens as well as aliens and includes the following:
 The detention of a person cannot exceed three months unless an advisory board (judges of high court) reports
sufficient cause for extended detention.
 The grounds of detention should be communicated to the detenu.
 The detenu should be afforded an opportunity to make a representation against the detention order.
3. Right Against Exploitation (Article 23 and 24)
 Prohibition of Human Trafficking and Forced Labour: Forced labour in India was imposed by landlords,
moneylenders and other wealthy persons in the past.
 The Article 23 of the Indian Constitution prohibits human trafficking and begar (forced labour without payment) to
protect the millions of underprivileged and deprived people of the country.
 The right is available to citizens of India as well as to non-citizens.
 The right provides against human trafficking in the form of:
 Selling and buying of men, women and children.
o Prostitution
o Devadasis
o Slavery.
 The Immoral Traffic (Prevention) Act 13, 1956 has been enacted to deal with violations of this fundamental right.
 Prohibition of Child Labour: Article 24 of the Indian Constitution forbids employment of children below the age of
14 years in dangerous jobs like factories and mines.
 However, it did not prohibit their employment in any harmless or innocent work.
 The Child Labour (Prohibition and Regulation) Act, 1986 (renamed as Child & Adolescent Labour (Prohibition and
Regulation) Act, 1986 in 2016) specifically deals with the violations related to this right.
 The 2016 amendment of this act completely prohibited employment of children below 14 years of age in all
occupations and processes.
 It also prohibited the employment of adolescents (14-18 years of age) in hazardous occupations or processes.
4. Right to Freedom of Religion (Article 25-28)
 Freedom of Conscience, Profession, Practice and Propagation: Article 25 of the Constitution of India provides the
freedom of conscience, to profess, to practice and to propagate any religion. These rights are available to citizens as
well as non-citizens.
 Conscience: A person may or may not choose to follow any religion.
 Right to Profess: One can declare his/her religious beliefs and faith openly and freely.
 Right to Practice: Performance of religious worship, rituals, ceremonies and exhibition of beliefs and ideas.
 Right to Propagate: Persuading people to convert from one religion to another. However, the Constitution does not
allow forcible conversions.
 It only gives us the right to spread information about our religion and thus attract others to it.
 Limitations: The government can impose restrictions on the practice of freedom of religion in order to protect public
order, morality and health.
 The government can interfere in religious matters for rooting out certain social evils. For example: banning practices
like sati, bigamy or human sacrifice.
 Such restrictions cannot be opposed in the name of interference in the right to freedom of religion.
 Freedom to Manage Religious Affairs: The Article 26 of the Indian Constitution provides every religious
denomination (or any section of it) the right to establish and maintain institutions for religious and charitable
purposes.
 It also empowers the religious denominations to manage their own affairs in matters of religion.
 Moreover, the right to own and acquire movable and immovable property and the right to administer such property is
also provided to every religious denomination.
 The rights provided under Article 26 are also subjected to public order, morality and health.
 Freedom from Taxation for Promotion of a Religion: The Indian Constitution under Article 27 lays down that no
person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious
denomination.
 It says that no public money, collected through taxes, shall be spent for the promotion or maintenance of any
particular religion.
 Favouring, patronising or supporting any religion over the other is prohibited.
 It prohibits only levy of a tax and not a fee. The purpose of a fee is to control secular administration of religious
institutions and not to promote or maintain religion.
 Freedom from Attending Religious Instruction: Article 28 states that no religious instruction shall be provided in any
educational institution wholly maintained out of State (the territory of India) funds.
 However, the provision is not applicable to educational institutions administered by the State or established under any
endowment or trust.
 Moreover, no person is required to attend any religious instructions or worship without his consent in any educational
institution recognised by the State or receiving aid out of State funds.
 In case of a minor, the consent of his guardian is needed.
5. Cultural and Educational Rights (Article 29 and 30)
 Protection of Interests of Minorities: Article 29 provides that every section of citizens residing in any part of the
country have the right to protect and conserve its own distinct language, script or culture (it provides the right to a
group/section/community of people).
 Further, it says that no citizen shall be denied admission into any educational institution on grounds only of religion,
race, caste, or language (it provides the rights to an individual citizen).
 Article 29 grants protection to both religious, linguistic as well as cultural minorities.
 However, the rights are not necessarily restricted to minorities only, as it is commonly assumed to be. It includes
minorities as well as the majority.
 Right of Minorities to Establish and Administer Educational Institutions: Article 30 grants all the minorities the
following rights: The right to establish and administer educational institutions of their choice.
 The compensation amount fixed by the State for the compulsory acquisition of any property of a minority educational
institution shall not restrict or abrogate the right guaranteed to them.
 This provision was added by the 44th Amendment Act, 1978 to protect the right of minorities in this regard.
 The State shall not discriminate against any educational institution managed by a minority.
 Thus, the protection under Article 30 is confined only to minorities (religious, cultural or linguistic) and does not
extend to any other section of citizens (as under Article 29).
 Article 31, 31A, 31B and 31C
 Originally, the right to property was one of the seven fundamental rights and provided that no person shall be
deprived of his property except by authority of law.
 However, being one the most controversial rights, the 44th Amendment Act of 1978 abolished the right to property as
a Fundamental Right and made it a legal right (constitutional right) under Article 300A in Part XII of the
Constitution.
6. Right to Constitutional Remedies (Article 32)
 Article 32 is considered the most important article of the Constitution as it provides that the right to get Fundamental
Rights protected is itself a fundamental right.
 It confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen.
 The Supreme Court has ruled that Article 32 is a basic feature of the Constitution. Hence, it cannot be abridged or
taken away even by way of an amendment to the Constitution.
 Article 32 of Indian Constitution is called the Heart and Soul of the constitution according to Dr.BR.Ambedkar.
It contains the following four provisions:
1. The right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights.
2. The Supreme Court shall have power to issue directions or orders or writs for the enforcement of any of the
fundamental rights.
3. Parliament can empower any other court to issue directions, orders and writs of all kinds.
Any other court here does not include high courts because (Article 226) has already conferred these powers on the
high courts.
4. The right to move the Supreme Court shall not be suspended except as otherwise provided for by the Constitution.
In the case of national emergency, the right can be suspended by the President (Article 359).
Writ of Habeas Corpus
 It is considered the most crucial Writ for personal liberty. Habeas Corpus literally means, “Let us have the body.” a
person can move to the court for the issue of this writ when arrested.
 This is a written order that invites someone who was imprisoned to present the latter to the Tribunal, so as to inform
the Court on what basis he was imposed and to free the person if there is no legal justification for the detention.
 Habeas Corpus assures that those who have been detained are not held in unjustified custody, i.e. confinement
without adequate reason or proof.
 The individual who was arrested or the person who came to the prisoner's help might both seek the remedy.
Writ of Mandamus
 Mandamus is a Latin origin word and it means “we command”. It is an order from a superior court to a lower law
authority or public authority to perform an act, which falls within its duty.
 It is issued to secure the performance of public duties as well as to enforce private rights held by the public
authorities.
 It can be basically summed up as a writ issued to a public official to do a duty that he has failed to do so far.
The Writ of Certiorari
 Certiorari means to be certified. The Supreme Court holds the authority to issue the writ of Certiorari to a lower court
or tribunal to transfer the matter of concern to it or some other superior authority of critical consideration.
 The Supreme Court issues a writ of certiorari to overturn an order that has already been made by a lower court. This
writ can be resorted to only after the order or decision has been declared. A court or quasi-judicial authority can issue
a writ of certiorari on the following grounds:
 In cases where there exists a want or excess of jurisdiction, this writ is issued to a body that performs a judicial or
quasi-judicial function for corrections of the jurisdiction, when a lower court, authority, or tribunal acts without a
proper jurisdiction or in excess of it or fails to exercise it.
 This writ can be issued for correcting the error of law that is evident in the face of the record.
 Certiorari can also be issued in matters of disregard for the principle of natural justice.
The Writ of Prohibition
 This writ means to forbid or to deny and it is popularly known as ‘Stay Order’. This writ is issued in cases when a
lower court or a body makes efforts to transgress the limits or powers vested in it.
 The Supreme Court issues such a writ to forbid a lower court or tribunal to perform an act that is outside its
jurisdiction.
The Writ of Quo-Warranto
 The Quo Warranto letter (by what authorisation) is issued in order to investigate the legality of a claim by a person or
an authority that is not entitled to act in a public office.
 The Quo Warranto letter is a form of judicial control that examines the actions of the administrative agency that has
hired the person.
Article 33, 34 and 35
 Article 33: It empowers the Parliament to restrict or abrogate the fundamental rights of the ‘Members of the Armed
Forces’, paramilitary forces, police forces, intelligence agencies and analogous forces.
 The objective of this provision is to ensure the proper discharge of their duties and the maintenance of discipline
among them.
 The power to make laws under Article 33 is conferred only on Parliament and not on state legislatures.
 Any such law made by Parliament cannot be challenged in any court on the ground of contravention of any of the
fundamental rights.
 The ‘members of the armed forces’ also covers non-combatant employees of the armed forces such as barbers,
carpenters, mechanics, cooks, chowkidars, bootmakers and tailors.
 Article 34: It provides for the restrictions on fundamental rights while martial law is in force in any area within the
territory of India. The expression ‘martial law’ has not been defined anywhere in the Constitution but literally, it
means ‘military rule’.
 The martial law is imposed under extraordinary circumstances like war, invasion, insurrection, rebellion, riot or any
violent resistance to law.
 Article 34 empowers the Parliament to indemnify (compensate) any government servant or any other person for any
act done by him in connection with the maintenance or restoration of order in any area where martial law was in
force.
 The Act of Indemnity made by the Parliament cannot be challenged in any court on the ground of contravention of
any of the fundamental rights.
 Article 35: Article 35 lays down that the power to make laws, to give effect to certain specified fundamental rights
shall vest only in the Parliament and not in the state legislatures.
Powers of Parliament (only) to Make Laws:
 Prescribing residence as a condition for certain employment or appointments in a state/UT/local or any other
authority.
 Empowering courts other than the Supreme Court and the high courts to issue directions, orders and writs for the
enforcement of fundamental rights.
 Restricting or abrogating the application of Fundamental Rights to members of armed forces, police forces, etc.
 Indemnifying any government servant or any other person for any act done during the operation of martial law in any
area.
 The Parliament has powers to make laws prescribing punishment for offences such as untouchability and traffic in
human beings and forced labour.
 Article 35 extends the competence of the Parliament to make a law on the specified matters even those matters which
may fall within the sphere of the state legislatures (i.e., State List).
IMPORTANT SUPREME COURT JUDGEMENTS
A.K. Gopalan Case (1950) Vs State of Madras
 The Supreme Court concluded that the provisions of the Preventive Detention Act did not violate the Fundamental
Rights entrenched in Articles 13, Article 19, Article 21, or Article 22, if the detention was carried out according to the
law's procedures.
 Article 21 was interpreted narrowly by the Supreme Court in this case.
 Shankari Prasad Case (1951) Vs Union of India
 The constitutionality of the First Amendment was questioned in this case, which dealt with the amenability of
fundamental rights.
 The Supreme Court argued that the authority to amend the constitution granted to Parliament under Article 368 also
extends to the Fundamental Rights protected in Part III of the Constitution.
Berubari Union Case (1960)
 This case challenged the Parliament's authority to transfer the territory of Berubai to Pakistan.
 The Supreme Court looked into Article 3 in depth and determined that the Parliament could not pass laws to carry out
the Nehru-Noon agreement under this provision.
 As a result, the 9th Amendment Act was enacted to make the agreement enforceable.
Golaknath Case (1967) Vs State of Punjab
 The questions, in this case, were whether amendment is a law; and whether Fundamental Rights can be amended or
not.
 The Supreme Court concluded that the parliamentary restriction under Article 13 does not apply to Fundamental
Rights, and that a new Constituent Assembly would be required to modify the Fundamental Rights.
 Article 368 also states that while it establishes the framework for amending the Constitution, it does not grant
Parliament the ability to do so.
Kesavananda Bharati Case (1973) Vs State of Kerala
 The core structure of the Constitution was defined by this decision. Although no component of the Constitution,
including Fundamental Rights, was outside Parliament's amending power, the Supreme Court decided that the “basic
structure” of the Constitution could not be repealed even by constitutional amendment.
 This is the legal basis in India for the judiciary to overturn any amendment passed by Parliament that is incompatible
with the Constitution's core framework.
Indira Gandhi Vs Raj Narain Case (1975)
 Based on the doctrine of basic structure, the majority decision ruled that the challenged clause 4 of Article 329, which
was added by the 39th Amendment in 1975, was unconstitutional.
 The 39th amendment, it was argued, would nullify a specific provision of the Constitution, namely, the resolution of
election disputes through the exercise of judicial power by ascertaining adjudicative facts and applying relevant law
to determine the true representative of the People.
 The 39th amendment violates the principle of separation of powers by putting a purely judicial function in the hands
of the legislature.
Maneka Gandhi Case (1978) Vs Union of India
 One of the key problems in this case was whether the freedom to go abroad is included in Article 21 - Right to
Personal Liberty.
 This judgement greatly expanded the scope of Article 21, and it achieved the Preamble's goal of making India a
welfare state.
 The most important aspect of the judgement was the interconnection it established between the provisions of Articles
19, 14, and 21.
 As a result, this judgement significantly expanded the scope of personal liberty while preserving the fundamental and
constitutional right to life.
 This decision, in addition to protecting citizens from the Executive's unchallenged actions, also preserved the sanctity
of parliamentary law by refusing to strike down Sections 10(3)(c) and 10(5) of the 1967 Act.
Minerva Mills Case (1980) Vs Union of India
 This incident strengthens the Basic Structure idea once again. The 42nd Amendment Act of 1976 made two
amendments to the Constitution, which the court declared to be in violation of the fundamental structure.
 The Supreme Court's decision establishes that the Constitution is supreme, not the Parliament.
 Shah Bano Begum Case (1985) Vs Mohd Ahmed Khan
 The Supreme Court confirmed a Muslim woman's right to alimony, stating that the Code of Criminal Procedure,
1973, applies to all citizens, regardless of religion.
 This sparked a political debate, and the government at the time overturned the decision by passing the Muslim
Women (Protection on Divorce Act), 1986, which stipulated that alimony be paid only during the iddat period.
Indra Sawhney Vs Union of India (1992)
 The Supreme Court looked into the scope and application of Article 16(4), which provides for job reservation for
backward classes.
 It confirmed the constitutional legitimacy of the OBC reservation of 27 percent, subject to specific limitations (like
creamy layer exclusion, no reservation in promotion, total reserved quota should not exceed 50 percent, etc.)
Unni Krishnan Vs State of Andhra Pradesh(1993)
 The right to basic education is implicit in the fundamental right to life (Article 21) when considered in conjunction
with the directive principle on education (Article 41).
S. R. Bommai Case (1994) Vs Union of India
 The Supreme Court attempted to stop the blatant abuse of Article 356 (which governs the imposition of President's
Rule on states) in this decision.
Vishaka Vs State of Rajasthan (1997)
 This case deals with workplace sexual harassment.
 The Supreme Court issued a series of rules for employers – as well as other responsible individuals or institutions.
 The 'Vishaka Guidelines' are what they're named.
Lily Thomas Vs Union Of India (2013)
 The Supreme Court declared that any MLA, MLC, or MP convicted of a crime and sentenced to at least two years in
jail will lose their seat in the House immediately.
Nirbhaya Case (2014)
 The Criminal Law (Amendment) Act of 2013 amended and added new sections to the IPC dealing with various
sexual offences such as acid attack, sexual harassment, voyeurism, and stalking.
 It changed the interpretation of the word rape as specified in IPC Section 375.
 The Supreme Court also redefined rape under the Protection of Children from Sexual Offenses Act of 2012, the
Indian Evidence Act of 1872, the Indian Penal Code of 1860, and the Code of Criminal Procedures of 1973.
Puttaswamy Case (2017)
 This Supreme Court decision safeguards individual rights against invasions of privacy.
 Supreme Court of India held that the right to privacy is a part of the right to life under Article 21 of the Indian
Constitution.