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In which decision did a nine-judge Bench of the Supreme Court of India resolve whether the Constitution…

In Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1 (decided on 24 August 2017), a nine-Judge Bench of the Supreme Court unanimously held that the right to…

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In which decision did a nine-judge Bench of the Supreme Court of India resolve whether the Constitution protects privacy as a fundamental right?

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Correct answer A

In Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1 (decided on 24 August 2017), a nine-Judge Bench of the Supreme Court unanimously held that the right to privacy is a constitutionally protected fundamental right emerging primarily from the guarantee of life and personal liberty in Article 21 and the freedoms guaranteed across Part III of the Constitution.

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Option A

Correct. In Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1, a 9-Judge Bench unanimously overruled M.P. Sharma and Kharak Singh (to the extent they held otherwise) and declared the right to privacy a fundamental right under Article 21 and Part III.

Option B

Incorrect. Bodhisattwa Gautam v. Subhra Chakraborty, (1996) 1 SCC 490 recognized interim compensation to rape victims as part of Article 21.

Option C

Incorrect. Common Cause (A Regd. Society) v. Union of India, (2018) 5 SCC 1 recognized the right to die with dignity and advance medical directives (living wills) under Article 21.

Option D

Incorrect. Subramanian Swamy v. Union of India, (2016) 7 SCC 221 upheld the constitutional validity of criminal defamation under Sections 499 and 500 IPC.

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