Question map
Which one among the following is not a Fundamental Right is not a Fundamental Right under the Constitution of India?
Explanation
The Constitution of India guarantees six categories of Fundamental Rights under Part III (Articles 12 to 35). These include the Right to Equality (Articles 14-18), the Right to Freedom (Articles 19-22), and the Right against Exploitation (Articles 23-24) [4]. While the Constitution provides for citizenship under Part II (Articles 5-11), it is not classified as a Fundamental Right [3]. Citizenship provisions deal with the acquisition and termination of citizenship and the rights of persons who migrated during the partition, but these are distinct from the justiciable Fundamental Rights found in Part III [3]. Originally, there was a seventh Fundamental Right—the Right to Property—but it was removed by the 44th Amendment Act in 1978 [2]. Therefore, the 'Right to citizenship' is not a Fundamental Right under the Indian Constitution.
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > CHAPTER 8 Fundamental Rights > p. 74
- [3] https://www.indiacode.nic.in/bitstream/123456789/16124/1/the_constitution_of_india.pdf
- [4] https://srrcvr.ac.in/pages.php?menu=best-practices&slug=fundamental-right
- [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Fundamental Rights and Fundamental Duties IJl > p. 117