UPSC Mains 2026 GS2 Q1: model answer
Right to privacy relating to self-identity is very dear to every human being and well protected under Article 21 of the Constitution. In this context, examine the effect of the amendment in 2026, to the Transgender Persons (Protection of Rights) Act, 2019.
What the question wants
Two parts: (1) why self-identity is part of privacy and dignity under Article 21; (2) test the 2026 amendment against that standard: does it widen or narrow self-identification, and with what effect on rights and access to welfare.
How to structure it
Intro: Puttaswamy and NALSA as the constitutional baseline. Body: what the 2019 Act gave (and its criticised certificate process); effect of the 2026 amendment, positive and negative, judged by the proportionality test. Conclusion: a rights-based way forward.
- 1What the 2019 Act gave (and its criticised certificate process)
- 2Effect of the 2026 amendment, positive and negative, judged by the proportionality test
Model answer
NALSA (2014) read the right to self-identify gender into Articles 14, 19 and 21. Puttaswamy (2017) placed the choice of identity at the core of Article 21 privacy.
- 1954M.P. Sharma: no right to privacy against search and seizure
- 1962Kharak Singh: domiciliary visits struck down, privacy not recognised as such
- 1975Gobind: privacy assumed, subject to compelling state interest
- 2014NALSA: gender self-identification under Articles 14, 15, 19, 21
- 2017K.S. Puttaswamy (9 judges): privacy a fundamental right
- 2018Navtej Singh Johar: Section 377 read down
Baseline: the 2019 Act grants self-perceived identity (Section 4) but routes it through a District Magistrate's certificate, with a second certificate after surgery. Critics saw this as diluting NALSA.
Testing the 2026 amendment
- Self-identification: does it add medical or bureaucratic proof?
- Informational privacy: what data is collected, and who sees it?
- Proportionality: legitimate aim, least intrusive means.
- Welfare access: scholarships, Ayushman Bharat cover, shelter homes.
Simpler recognition and protected data deepen Article 21. Extra screening or wider data-sharing creates the chilling effect Puttaswamy warned of.
Way forward: one self-declaration with privacy safeguards, grievance redress through the National Council for Transgender Persons, and sensitised officials.
Keywords, cases and data to drop in
NALSA 2014 Puttaswamy 2017 Article 21 decisional privacy Sections 4–7, 2019 Act District Magistrate certificate proportionality test National Council for Transgender Persons
Where most answers lose marks
- Writing only about the 2019 Act and ignoring the 2026 amendment the question names.
- Not using the Article 21 privacy lens the question sets up.
- Making claims about the amendment's provisions that you cannot verify: assess its effect against clear tests instead.
Same theme in Prelims
'X' was addressing a seminar on the meaning of the term 'law' as provided under Article 13, Part III of the Constitution of India. 'X' explained that the meaning of the term 'law' in the Constitution of India was very comprehensive. It included ordinances, orders and even rules and regulations. 'Y' pointed out that the term 'law' in Article 13 also included custom or usage having in the territory of India the force of law, to which 'X' was not convinced.
Based on the above, select the correct conclusion from the options given below :
Answer (d) & explanation
Only Y's view is correct (d). Article 13(3)(a) defines "law" to include any Ordinance, order, bye-law, rule, regulation, notification, and custom or usage having the force of law in India. So Y is right that custom is included. Option (a) is wrong: X rejected custom, so his view as a whole fails. Option (b) is wrong: Y's view matches the text. Option (c) is wrong: X's view is not fully correct.
Notice why it matters: Article 13 makes any law, including a custom, void if it violates Fundamental Rights. This is the root of judicial review in India. Courts have struck down discriminatory customs on this basis. Whether personal laws are "law" under Article 13 is still debated.
option (c) tempts you because X's first half is true. UPSC judges the whole view, and X's refusal on custom makes it wrong.
Answer as per the official UPSC answer key.
Consider the following pairs :
| Provision in the Constitution of India | Stated under
| I. Separation of Judiciary from the Executive in the public services of the State | The Directive Principles of State Policy
| II. Valuing and preserving of the rich heritage of our composite culture | The Fundamental Duties
| III. Prohibition of employment of children below the age of 14 years in factories | The Fundamental Rights
How many of the above pairs are correctly matched?
Answer (c) & explanation
All three pairs are correctly matched (c). Pair I is right: separation of the judiciary from the executive is Article 50, a Directive Principle. Pair II is right: valuing and preserving our composite culture is Article 51A(f), a Fundamental Duty. Pair III is right: no child below 14 may work in factories, mines or hazardous work under Article 24, a Fundamental Right. So options (a), (b) and (d) fail.
Notice related provisions: Article 21A gives free education for ages 6–14 (86th Amendment, 2002), and Article 51A(k) asks parents to educate their children. The Child Labour Amendment Act, 2016 banned all child labour below 14. Article 39(e) and (f) protect children too.
Article 45 (early childhood care, a DPSP) and Article 24 (a Fundamental Right) both talk about children. Keep them apart.
Answer as per the official UPSC answer key.
Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy ?
Answer (d) & explanation
The Supreme Court placed the Right to Privacy under Article 21 (d). In Justice K.S. Puttaswamy v. Union of India (2017), a nine-judge Bench held that privacy is part of the right to life and personal liberty under Article 21, and also flows from the freedoms in Part III. It overruled the older M.P. Sharma (1954) and Kharak Singh (1962) rulings. Option (a) is wrong: Article 15 bans discrimination. Option (b) is wrong: Article 16 gives equal opportunity in public jobs. Option (c) is wrong: Article 19 lists six freedoms, such as speech.
Notice that most new rights, such as food, shelter, livelihood and a clean environment, came through Article 21. Parliament later passed the Digital Personal Data Protection Act, 2023.
Answer as per the official UPSC answer key.
Fresh examples from current affairs
Supreme Court: children have a right to the internet, and platforms must block child abuse material
In a judgment of 15 October 2026, the Supreme Court said that the right to access and use the internet is a fundamental right of every person, children included, under Article 21 read with Article 19(1)(a). So the answer to online danger is not to lock children out but to go after the abusive content and the platforms that fail to remove it. The Court ordered a National Hash and URL List Database, two-hour reporting of unknown abuse material, and loss of revenue for platforms that profit from it through paywalls.
UPSC angle: Prelims: Arts. 21 and 19(1)(a); POCSO s.15; IT Act ss.67B and 79; CSEAM. · Mains GS-II: rights of children, regulation of platforms.
18 Oct 2026
₹1,423 crore over three years for implementing PCR and SC/ST Atrocities Acts; 217 exclusive special courts
The Centre released ₹1,423.30 crore to States and UTs over 2022-23 to 2024-25 to implement the Protection of Civil Rights Act, 1955 and the SC/ST (Prevention of Atrocities) Act, 1989. States report 217 Exclusive Special Courts in 15 States and UTs. Yet 65,646 cases were registered in 2024 and 3,92,006 were pending trial at year end.
UPSC angle: Prelims: PCR Act year; Art. 17. · Mains: Why do atrocity cases see low conviction?
1 Oct 2026
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Compliance timelines matter for small firms. The independence of the Data Protection Board is the main criticism to note.
UPSC angle: Prelims: DPDP terms. · Mains: data protection.
17 Nov 2025
OTT oversight under IT Rules 2021
Self-regulation first, government last, is the design.
UPSC angle: Prelims: IT Rules 2021.
6 Aug 2025Learn the concept
Question text as printed in the official UPSC question paper: https://www.upsc.gov.in/sites/default/files/QP-CSM-26-010926-GENERAL-STUDIES-PAPER%20-%20II.pdf The model answer is original Battle IAS work; use it to learn structure, not to memorise.