UPSC Prelims 2019 Q56: Indian Polity – Fundamental Rights
- (a) Article 19
- (b) Article 21
- (c) Article 25
- (d) Article 29
Answer: (b) Article 21
Explanation
Right to Marry Person of One's Choice
| Article | Right | Relevance |
|---|---|---|
| 19 | Freedoms (speech, assembly, movement) | Not the primary anchor for marriage choice |
| 21 | Right to Life and Personal Liberty | CORRECT - Right to marry a person of one's choice is a part of Right to Life and Personal Liberty, as held in Hadiya case (Shafin Jahan v Asokan K.M., 2018) and Lata Singh v State of UP (2006). |
| 25 | Freedom of religion | Related but not the direct anchor |
| 29 | Rights of minorities to preserve culture | Not marriage-related |
The Supreme Court has consistently held that Article 21 (Right to Life) includes the right of choice in marriage. Answer: (b) Article 21.
Answer: (b) Article 21.
Why each option is right or wrong
- (a) Incorrect. Article 19 covers speech, assembly, movement, profession - not marriage choice directly.
- (b) CORRECT. Article 21 (Right to Life and Personal Liberty) includes the right to marry a person of one's choice - established in Hadiya, Lata Singh and similar cases.
- (c) Incorrect. Article 25 covers freedom of religion, not marriage choice.
- (d) Incorrect. Article 29 is about minority cultural rights.
Key point
Article 21 (Right to Life and Personal Liberty) = right to marry person of choice (Hadiya 2018, Lata Singh 2006, Shakti Vahini 2018 - honour killings).
Remember
Article 21 of the Constitution (Right to Life and Personal Liberty) safeguards the right to marry a person of one's choice. This has been affirmed by the Supreme Court in Hadiya case (2018), Lata Singh (2006) and Shakti Vahini (2018) - reading the right into the expansive scope of Article 21.
Common mistakes
- Assuming any right to marry is a religion right (Article 25) - it is primarily Article 21.
- Confusing choice-in-marriage with dignity - both are read into Article 21.
- Not knowing Shakti Vahini v UOI (2018) directed states to prevent honour killings and khap panchayats.
Exam tip
Article 21 expansive interpretation (post-Maneka Gandhi 1978): Life = life with dignity. Includes right to health, education, environment, privacy (Puttaswamy 2017), livelihood (Olga Tellis), marriage choice, sexuality (Navtej Singh Johar 2018), against arbitrary state action.
Sources
- Constitution of India - Article 21
- Supreme Court judgments - Shafin Jahan v Asokan K.M. (Hadiya, 2018), Lata Singh v State of UP (2006)