This question is a direct derivative of the Hadiya Case (2018) judgment. While it appears to be a 'Current Affairs' question, it has been canonized in standard static texts (Laxmikanth) under the 'Expanded Scope of Article 21'. It tests if you know that the Constitution is what the Supreme Court says it is, not just what is written in the bare text.
How this question is built
This question can be broken into the following sub-statements.
Tap a statement sentence to jump into its detailed analysis.
Statement 1
Does Article 19 of the Constitution of India safeguard the right to marry a person of one's choice?
Origin: Web / Current Affairs
Fairness: CA heavy
Web-answerable
"b. Articles 19 and 21 of the Constitution guarantee all persons the right to marry a person of their choice, including LGBTQIA+ persons;"
Why this source?
- Explicitly states that Articles 19 and 21 'guarantee all persons the right to marry a person of their choice', directly linking Article 19 to the right to marry.
- Specifically includes LGBTQIA+ persons, showing the claim is asserted to apply broadly and not limited to opposite-sex marriages.
"Depriving LGBTQ+ individuals of the right to marry violates Articles 14, 15, 19(1)(a) and 21 of the Constitution;"
Why this source?
- Records a legal submission that depriving LGBTQ+ individuals of the right to marry violates Article 19(1)(a), linking Article 19 to protection of the right to marry.
- Frames the right to marry as a fundamental-right issue argued under multiple provisions including Article 19.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > III Protection of Six Rights > p. 85
Strength: 5/5
“Article 19 guarantees to all citizens the six rights. These are: • (i) Right to freedom of speech and expression. • (ii) Right to assemble peaceably and without arms. • (iii) Right to form associations or unions or co-operative societies. • (iv) Right to move freely throughout the territory of India. • (v) Right to reside and settle in any part of the territory of India. • (vi) Right to practice any profession or to carry on any occupation, trade or business. Originaly, Article 19 contained seven rights. But, the right to acquire, hold and dispose of property was deleted by the 44th Amendment Act of J 978.”
Why relevant
Lists the six specific freedoms guaranteed by Article 19 (speech, assembly, association, movement, residence, profession) — marriage is not among them.
How to extend
A student could compare this explicit list to the text of Article 19 to conclude marriage is not enumerated there and so likely protected (if at all) elsewhere.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > G Protection of Life and Personal Liberty > p. 90
Strength: 5/5
“It has declared the following rights as part of Article 21: (I) Right to live with human dignity. • (2) Right to decent environment including pollution-free water and air and protection against hazardous industries.• (3) Right to livehood.• (4) Right to privacy.• (5) Right to shelter.• (6) Right to health.• (7) Right to free education up to 14 years of age.• (8) Right to free legal aid.• (9) Right against solitary confinement.• (10) Right to speedy trial.• (11) Right against handcuffing.• (12) Right against inhuman treatment.• (13) Right against delayed execution. (37) Right to marry a person of one's choice (38) Right to die with dignity ( passive euthanasia) The important cases relating to the expansion of the scope of Article 21 (Protection of Life and Personal Liberty) are mentioned in Thble 8.6.”
Why relevant
Enumerates rights recognised under Article 21 and explicitly includes 'Right to marry a person of one's choice' as part of Article 21's scope.
How to extend
A student could infer that since marriage is listed under Article 21, the right to marry is associated with Article 21 rather than Article 19 and then verify by reading Article 21 and related case law.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2019TEST PAPER > p. 755
Strength: 4/5
“~2019TEST PAPER
• Which Article of the Constitution of India safeguards one's right to marry the person of one's choice? • (a) Article 19 (b) Article 21 • (c) Article 25 (d) Article 29 • 2. Under which schedule of the Constitution of India Can the transfer of tribal land to private parties for mining be declared null and void? • (a) Third Schedule (b) Fifth Schedule • (c) Ninth Schedule (d) Eleventh Schedule • 3. Consider the following statements: • 1”
Why relevant
Shows a multiple‑choice question asking which Article safeguards the right to marry, giving Article 19 and Article 21 as distinct options — implying there is dispute/clarity about which Article applies.
How to extend
A student could use this as a prompt to check primary sources (constitutional text/case law) to choose between the two options.
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
Strength: 4/5
“Article 19: The Six held out by the Preamble. The foremost amongst these are Freedoms. the six fundamental rights in the nature of "freedom" which are guaranteed to the citizens by the Constitution of India [Article 19]. These were popularly known as the "seven freedoms" under our Constitution. It has already been pointed out that in the original Constitution, there were seven freedoms in Article 19( 1) but that one of them, namely, "the right to acquire, hold and dispose of property" has been omitted by the Constitution (44th Amendment) Act, 1978, leaving only six freedoms in this Article. They . are-l.”
Why relevant
Explains Article 19 is the cluster of 'freedoms' and describes the nature and scope of those freedoms, helping delimit what Article 19 covers.
How to extend
A student could use this description to rule out Article 19 for rights not fitting the listed freedoms (such as personal decisions about marriage).
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 4: Salient Features of the Constitution > III I Fundamental Rights > p. 30
Strength: 3/5
“Part III of the Indian Constitution guarantees six fundamental rights to all the citizens: | (a) Right to Equality Articles 14-18| | (b) Right to Freedom Articles 19-22| | (c) Right against Exploitation Articles 23-24| | (d) Right to Freedom of Religion Articles 25-28| | (e) Cultural and Educational Rights Articles 29-30| | (f) Right to Constitutional Remedy Article 32| Originally, the Constitution provided for seven Fundamental Rights. However, the Right to Property (Article 31) was deleted from the list of Fundamental Rights by the 44th Amendment Act of 1978. It is made a legal right under Article 300-A in Part XII of the constitution.”
Why relevant
Summarises Part III rights and explicitly places Article 19 under 'Right to Freedom' category, reinforcing that Article 19 concerns specific freedom types rather than family/marriage rights.
How to extend
A student could contrast Part III headings with Article 21 content to locate where personal liberty and marriage rights are more plausibly protected.
Statement 2
Does Article 21 of the Constitution of India safeguard the right to marry a person of one's choice?
Origin: Direct from books
Fairness: Straightforward
Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > G Protection of Life and Personal Liberty > p. 90
Presence: 5/5
“It has declared the following rights as part of Article 21: (I) Right to live with human dignity. • (2) Right to decent environment including pollution-free water and air and protection against hazardous industries.• (3) Right to livehood.• (4) Right to privacy.• (5) Right to shelter.• (6) Right to health.• (7) Right to free education up to 14 years of age.• (8) Right to free legal aid.• (9) Right against solitary confinement.• (10) Right to speedy trial.• (11) Right against handcuffing.• (12) Right against inhuman treatment.• (13) Right against delayed execution. (37) Right to marry a person of one's choice (38) Right to die with dignity ( passive euthanasia) The important cases relating to the expansion of the scope of Article 21 (Protection of Life and Personal Liberty) are mentioned in Thble 8.6.”
Why this source?
- Explicitly lists 'Right to marry a person of one's choice' as part of rights declared under Article 21.
- Presents this right among other recognized expansions of Article 21's scope, indicating judicial/academic acceptance.
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. 133
Presence: 4/5
“Adultery In Joseph Shine v. UO, 274 another Constitution Bench of the Supreme Court decriminalised adultery and held section 497 of the Indian Penal Code unconstitutional as violative of Articles 14 and 21 of the Constitution. Before, it was struck down, the cognizance of the offence was limited to adultery committed with a married woman, and the male offender alone was made liable to punishment. In Joseph Shine, the Supreme Court observed that treating adultery as an offence would tantamount to the State entering into a real private realm. The act, ie, adultery does not fit into the concept of a crime.”
Why this source?
- Records a Supreme Court decision (Joseph Shine) relying on Article 21 for personal autonomy in intimate relations by decriminalising adultery.
- Court observed criminalising private acts would let the State intrude into the private realm, implying Article 21 protects private personal choices related to relationships.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 8 Fundamental Rights and Fundamental Duties 97 > p. 98
Presence: 4/5
“Thus- (a) Some of the fundamental rights are granted only to citizens-(i) Protection from discrimination on grounds only of religion, race, caste, sex or place of birth [Article 15]; (ii) Equality of opportunity in matters of public employment [Article 16]; (iii) Freedoms of speech, assembly, association, movement, residence and profession [Article 19]; (iv) Cultural and educational rights of minorities [Article 30]. (b) Some of the fundamental rights, on the other hand, are available to any person on the soil of India-citizen or foreigner-(i) Equality before the law and equal protection of the Laws [Article 14]; (ii) Protection in respect of conviction against ex post facto laws, double punishment and self-incrimination [Article 20]; (iii) Protection of life and personal liberty against action without authority of law [Article 21]; (iv) Right against exploitation [Article 23]; (v) Freedom of religion [Artic III.”
Why this source?
- States Article 21 protects 'life and personal liberty' and is available to any person, establishing the constitutional location and broad reach of the right.
- Frames Article 21 as a fundamental right encompassing personal liberty which underpins choices such as marriage.
Statement 3
Does Article 25 of the Constitution of India safeguard the right to marry a person of one's choice?
Origin: Web / Current Affairs
Fairness: CA heavy
Web-answerable
"situates the right to choice of a partner and right to legal recognition of an abiding cohabitational relationship within Article 25 of the Constitution of India."
Why this source?
- A judicial opinion explicitly 'situates the right to choice of a partner and right to legal recognition of an abiding cohabitational relationship within Article 25 of the Constitution of India.'
- The passage links Article 25's 'freedom of conscience' to the ability to judge and act on one's moral choices, which supports the conclusion that Article 25 can protect choice of partner.
"The petitioners have a fundamental right to marry a person of one's own choice under Articles 14, 15, 19, 21 and 25 of the Constitution, and any exclusion or discrimination ... is ultra-vires the Constitution."
Why this source?
- Petitioners' submission expressly argues that they have a fundamental right to marry a person of one's own choice 'under Articles 14, 15, 19, 21 and 25 of the Constitution.'
- This shows Article 25 was advanced before the Court as a constitutional basis for the right to marry a person of one's choice.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > G Protection of Life and Personal Liberty > p. 90
Strength: 5/5
“It has declared the following rights as part of Article 21: (I) Right to live with human dignity. • (2) Right to decent environment including pollution-free water and air and protection against hazardous industries.• (3) Right to livehood.• (4) Right to privacy.• (5) Right to shelter.• (6) Right to health.• (7) Right to free education up to 14 years of age.• (8) Right to free legal aid.• (9) Right against solitary confinement.• (10) Right to speedy trial.• (11) Right against handcuffing.• (12) Right against inhuman treatment.• (13) Right against delayed execution. (37) Right to marry a person of one's choice (38) Right to die with dignity ( passive euthanasia) The important cases relating to the expansion of the scope of Article 21 (Protection of Life and Personal Liberty) are mentioned in Thble 8.6.”
Why relevant
Lists "Right to marry a person of one's choice" explicitly as part of the expanded scope of Article 21 (protection of life and personal liberty).
How to extend
A student can infer that the right to marry is more commonly connected to Article 21 (personal liberty) and thus check whether Article 25 (freedom of religion) would be the correct source.
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 4: Salient Features of the Constitution > III I Fundamental Rights > p. 30
Strength: 4/5
“Part III of the Indian Constitution guarantees six fundamental rights to all the citizens: | (a) Right to Equality Articles 14-18| | (b) Right to Freedom Articles 19-22| | (c) Right against Exploitation Articles 23-24| | (d) Right to Freedom of Religion Articles 25-28| | (e) Cultural and Educational Rights Articles 29-30| | (f) Right to Constitutional Remedy Article 32| Originally, the Constitution provided for seven Fundamental Rights. However, the Right to Property (Article 31) was deleted from the list of Fundamental Rights by the 44th Amendment Act of 1978. It is made a legal right under Article 300-A in Part XII of the constitution.”
Why relevant
Shows that Articles 25–28 constitute the 'Right to Freedom of Religion' separate from other fundamental rights in Part III, indicating distinct subject-matter groupings.
How to extend
A student could use this rule of separation to judge whether a personal-choice marriage right fits better under the personal liberty cluster (Article 21) or the religion cluster (Article 25).
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 8] Fundamental Rights and Fundamental Duties 139 > p. 142
Strength: 4/5
“(i) The right to "propagate", in Article 25(1), gives to each member of every religion the right to spread or disseminate the tenets of his religion (say, by advocacy or preaching), but it would not include the right to convert another, because each man has the same freedom of "conscience" guaranteed by that very provision [Article 25(1)], on which the Christians relied. (ii) The equal freedom of conscience, belonging to each man, under Article 25(1), means that he has the freedom to choose and hold any faith of his choice and not be converted into another religion by means of force, fraud, inducement or allurement.”
Why relevant
Explains Article 25 concerns freedom of conscience, professing, practising and propagating religion, and limits on conversion by force/inducement.
How to extend
A student could consider if marrying a person of one's choice is primarily a religious act (thus implicating Article 25) or a matter of individual conscience/personal liberty (thus implicating Article 21).
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 34: HOW THE CONSTITUTION HAS WORKED > INTRODUCTION TO THE CONSTITUTION OF INDIA > p. 489
Strength: 3/5
“Article 27. In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language. Few people appreciate that these rights were anticipated by the makers of the Indian Constitution of 1949 and guaranteed them as the fundamental rights of the minorities in Articles 25, 29, and 30.”
Why relevant
States that the makers guaranteed minority rights through Articles 25, 29 and 30, linking Article 25 to group/religious cultural protections rather than general personal liberty.
How to extend
A student can use this pattern to reason that Article 25 addresses communal religious rights, so a private marital choice likely falls outside its primary domain unless it directly involves religious practice.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2019TEST PAPER > p. 755
Strength: 3/5
“~2019TEST PAPER
• Which Article of the Constitution of India safeguards one's right to marry the person of one's choice? • (a) Article 19 (b) Article 21 • (c) Article 25 (d) Article 29 • 2. Under which schedule of the Constitution of India Can the transfer of tribal land to private parties for mining be declared null and void? • (a) Third Schedule (b) Fifth Schedule • (c) Ninth Schedule (d) Eleventh Schedule • 3. Consider the following statements: • 1”
Why relevant
Contains a multiple-choice question asking which Article safeguards the right to marry the person of one's choice, listing Article 19, Article 21, Article 25 and Article 29 — implying the question is contested among these provisions.
How to extend
A student could treat this as an indication that one should compare the text and judicial interpretation of the listed Articles (especially 21 and 25) to determine which most plausibly protects the right to marry.
Statement 4
Does Article 29 of the Constitution of India safeguard the right to marry a person of one's choice?
Origin: Web / Current Affairs
Fairness: CA heavy
Web-answerable
"b. The Constitution does not recognize a right to marry."
Why this source?
- Expressly states that the Constitution does not recognize a general 'right to marry', indicating such a right is not broadly guaranteed by constitutional provisions.
- Undermines the proposition that any single Article (such as Article 29) by itself safeguards the right to marry.
"86. The right to marry a person of one's choice is integral to Article 21 of the Constitution."
Why this source?
- Shows the courts have treated the right to marry as integral to Article 21 (right to life and personal liberty), not Article 29.
- Implies protections for choice of spouse are traced to Article 21 rather than Article 29.
"conditioned by the right to religion and the right to culture, constitutionally sanctified in Articles 25 and Article 29 of the Constitution of India."
Why this source?
- Links the institution of marriage to constitutionally protected rights of religion and culture (Articles 25 and 29), but frames marriage as an institutional space 'conditioned by' those rights rather than stating Article 29 itself secures a right to marry.
- Suggests Article 29 relates to cultural protection that may affect marriage, but does not assert Article 29 directly safeguards the individual right to choose a spouse.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > G Protection of Life and Personal Liberty > p. 90
Strength: 5/5
“It has declared the following rights as part of Article 21: (I) Right to live with human dignity. • (2) Right to decent environment including pollution-free water and air and protection against hazardous industries.• (3) Right to livehood.• (4) Right to privacy.• (5) Right to shelter.• (6) Right to health.• (7) Right to free education up to 14 years of age.• (8) Right to free legal aid.• (9) Right against solitary confinement.• (10) Right to speedy trial.• (11) Right against handcuffing.• (12) Right against inhuman treatment.• (13) Right against delayed execution. (37) Right to marry a person of one's choice (38) Right to die with dignity ( passive euthanasia) The important cases relating to the expansion of the scope of Article 21 (Protection of Life and Personal Liberty) are mentioned in Thble 8.6.”
Why relevant
Lists 'Right to marry a person of one's choice' explicitly as part of the rights declared under Article 21 (Protection of Life and Personal Liberty).
How to extend
A student can infer that the right to marry is associated with Article 21 (personal liberty) rather than Article 29, and check constitutional text or judgments about Article 21 to confirm.
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 4: Salient Features of the Constitution > III I Fundamental Rights > p. 30
Strength: 4/5
“Part III of the Indian Constitution guarantees six fundamental rights to all the citizens: | (a) Right to Equality Articles 14-18| | (b) Right to Freedom Articles 19-22| | (c) Right against Exploitation Articles 23-24| | (d) Right to Freedom of Religion Articles 25-28| | (e) Cultural and Educational Rights Articles 29-30| | (f) Right to Constitutional Remedy Article 32| Originally, the Constitution provided for seven Fundamental Rights. However, the Right to Property (Article 31) was deleted from the list of Fundamental Rights by the 44th Amendment Act of 1978. It is made a legal right under Article 300-A in Part XII of the constitution.”
Why relevant
Shows the classification of fundamental rights and identifies Articles 29-30 as 'Cultural and Educational Rights'.
How to extend
Knowing Article 29 is about cultural/educational rights, a student could reason that a personal liberty like choosing a spouse is unlikely to be covered by Article 29 and should look to other Parts (e.g., Article 21).
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Article 29. > p. 144
Strength: 4/5
“(a) The state shall not impose upon it any culture other than the community's own culture [Article 29(1)]; Article 30 (b) Such community shall have the right to establish and administer educational institutions of its choice, and the state shall not, in granting aid to educational institutions, discriminate against such an educational institution maintained by a minority community on the ground that it is under the management of a religious community [Article 30] The expression "minority" has been used in two senses—one based on religion and the other on the basis of language. Since reorganization of the states in India has been on linguistic lines, therefore, for the purpose of determining the minority, the unit will be the State and not the whole of India.”
Why relevant
Summarizes Article 29's protection of community culture and minority rights (prohibiting imposition of other cultures), indicating its subject-matter is collective cultural/educational protection.
How to extend
From this, a student can contrast collective cultural protections with individual personal rights (like marriage) and pursue sources on individual rights in Part III, especially Article 21.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2019TEST PAPER > p. 755
Strength: 3/5
“~2019TEST PAPER
• Which Article of the Constitution of India safeguards one's right to marry the person of one's choice? • (a) Article 19 (b) Article 21 • (c) Article 25 (d) Article 29 • 2. Under which schedule of the Constitution of India Can the transfer of tribal land to private parties for mining be declared null and void? • (a) Third Schedule (b) Fifth Schedule • (c) Ninth Schedule (d) Eleventh Schedule • 3. Consider the following statements: • 1”
Why relevant
Contains an objective-test style question that asks which Article safeguards the right to marry a person of one's choice and lists Article 21 as an option while including Article 29 as a distractor.
How to extend
A student could use this as indication that Article 21 is commonly tested/understood as the relevant provision and that Article 29 is a plausible but likely incorrect distractor; they should verify by checking the content of both articles.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 8 Fundamental Rights and Fundamental Duties 97 > p. 98
Strength: 4/5
“Thus- (a) Some of the fundamental rights are granted only to citizens-(i) Protection from discrimination on grounds only of religion, race, caste, sex or place of birth [Article 15]; (ii) Equality of opportunity in matters of public employment [Article 16]; (iii) Freedoms of speech, assembly, association, movement, residence and profession [Article 19]; (iv) Cultural and educational rights of minorities [Article 30]. (b) Some of the fundamental rights, on the other hand, are available to any person on the soil of India-citizen or foreigner-(i) Equality before the law and equal protection of the Laws [Article 14]; (ii) Protection in respect of conviction against ex post facto laws, double punishment and self-incrimination [Article 20]; (iii) Protection of life and personal liberty against action without authority of law [Article 21]; (iv) Right against exploitation [Article 23]; (v) Freedom of religion [Artic III.”
Why relevant
Explains which fundamental rights apply to citizens vs any person, and lists Article 21 among rights available to any person on Indian soil (protection of life and personal liberty).
How to extend
A student can extend this to infer that personal liberties such as marriage would be found under Article 21 (available to any person) rather than Article 29 (a citizen-focused cultural right).
Pattern takeaway:
UPSC consistently tests 'Implied Fundamental Rights'. The pattern is: A major SC judgment creates a new right -> UPSC asks which Article anchors it. They focus on the boundary between Article 19 (specific freedoms) and Article 21 (residuary personal liberty).
How you should have studied
- [THE VERDICT]: Sitter. Directly listed in Laxmikanth (Chapter: Fundamental Rights > Article 21 > Table of Rights). If you missed this, you ignored the 'Judicial Interpretation' tables.
- [THE CONCEPTUAL TRIGGER]: The 'Due Process of Law' vs 'Procedure Established by Law' evolution. The Supreme Court reads implied rights into Article 21 to ensure human dignity.
- [THE HORIZONTAL EXPANSION]: Memorize the specific Article buckets for implied rights:
1. Right to Travel Abroad -> Art 21 (Maneka Gandhi).
2. Right to Move Inside India -> Art 19.
3. Right to Internet -> Art 19 (Anuradha Bhasin).
4. Right to Privacy -> Art 21 (Puttaswamy).
5. Right to Strike -> NOT a Fundamental Right.
- [THE STRATEGIC METACOGNITION]: When a landmark judgment hits the news (like Hadiya or Navtej Johar), do not just read the verdict. Immediately tag it to a specific Article in your notes. UPSC asks for the 'Constitutional Anchor', not the case name.
Concept hooks from this question
👉 Scope of Article 19 — the six fundamental freedoms
💡 The insight
Article 19 enumerates six specific freedoms (speech, assembly, association, movement, residence, profession) and does not include a right to marry.
High-yield for UPSC because many questions ask which freedoms belong to Article 19 versus other Articles; mastering this helps eliminate options in MCQs and link constitutional rights to corresponding Articles. It connects to rights classification in Part III and to comparative analysis of personal liberty versus freedom of expression.
📚 Reading List :
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > III Protection of Six Rights > p. 85
- 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
🔗 Anchor: "Does Article 19 of the Constitution of India safeguard the right to marry a pers..."
👉 Article 21 — expansive right to life and personal liberty (includes right to marry)
💡 The insight
The right to marry a person of one's choice is recognized as part of the expanded scope of Article 21 (protection of life and personal liberty).
Crucial for UPSC because the Supreme Court's jurisprudence expanding Article 21 is frequently tested; knowing specific rights read into Article 21 (privacy, dignity, marriage, etc.) helps answer mains questions and case-law based MCQs and essays on fundamental rights.
📚 Reading List :
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > G Protection of Life and Personal Liberty > p. 90
🔗 Anchor: "Does Article 19 of the Constitution of India safeguard the right to marry a pers..."
👉 Distinction between Part III fundamental rights and other constitutional/legal rights
💡 The insight
Not all constitutionally important rights are in Part III; some rights are constitutional/legal rights located outside Part III and have different remedies and implications.
Important for UPSC to differentiate enforceability and remedies (e.g., Article 32 writ jurisdiction) and to map which rights are judicially enforceable as fundamental rights versus statutory or constitutional rights elsewhere; helps in answering questions on remedies, scope, and amendment immunity.
📚 Reading List :
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > RIGHTS OUTSIDE PART III > p. 106
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Exceptions to Funda· mental Rights. > p. 96
🔗 Anchor: "Does Article 19 of the Constitution of India safeguard the right to marry a pers..."
👉 Article 21 — Protection of life and personal liberty
💡 The insight
Article 21 is the constitutional provision that protects life and personal liberty, forming the textual basis for personal choices including marriage.
High-yield for UPSC because many rights (privacy, bodily autonomy, marriage choices) are argued under Article 21; connecting Article 21 to other fundamental-rights questions helps answer diverse polity and judicial review items.
📚 Reading List :
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 8 Fundamental Rights and Fundamental Duties 97 > p. 98
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > G Protection of Life and Personal Liberty > p. 90
🔗 Anchor: "Does Article 21 of the Constitution of India safeguard the right to marry a pers..."
👉 Judicial expansion of Article 21 to private autonomy
💡 The insight
Supreme Court jurisprudence has extended Article 21 to safeguard private personal decisions, including intimate and marital realms.
Crucial for fact-based mains and prelims questions that ask about scope of fundamental rights and landmark cases; enables answering questions on rights to privacy, decriminalisation, and state intrusion patterns.
📚 Reading List :
- 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. 133
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > G Protection of Life and Personal Liberty > p. 90
🔗 Anchor: "Does Article 21 of the Constitution of India safeguard the right to marry a pers..."
👉 Distinction: rights available to all persons vs. citizens
💡 The insight
Article 21 is available to any person on Indian soil, so protections like the right to marry a person of one's choice are not limited to citizens alone.
Useful for tackling questions on applicability of fundamental rights, migrant/refugee issues, and comparative rights analysis across Articles; helps eliminate wrong options in prelims and frame arguments in mains.
📚 Reading List :
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 8 Fundamental Rights and Fundamental Duties 97 > p. 98
🔗 Anchor: "Does Article 21 of the Constitution of India safeguard the right to marry a pers..."
👉 Article 21 — Right to personal liberty and its scope
💡 The insight
The right to marry a person of one's choice is treated as part of the personal liberty protected under Article 21.
High-yield for UPSC: many questions probe the expansive judicial interpretation of Article 21 (e.g., privacy, marriage, life with dignity). Mastering this helps answer questions on civil liberties, fundamental rights litigation, and landmark judgments expanding Article 21.
📚 Reading List :
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > G Protection of Life and Personal Liberty > p. 90
🔗 Anchor: "Does Article 25 of the Constitution of India safeguard the right to marry a pers..."
The 'Right to Vote' is a Constitutional Right (Art 326) or Statutory Right, but NOT a Fundamental Right. Similarly, the 'Right to Property' is a Legal Right (Art 300A). Expect a question asking to classify rights into Fundamental vs. Constitutional vs. Legal.
Use the 'Residuary Principle': Article 19 lists 6 very specific actions (speak, move, assemble, etc.). Article 25 is about god/religion. Article 29 is about minority culture. If the right is about 'Personal Autonomy', 'Dignity', or 'Body', and it's not explicitly in Art 19, it almost always falls into the bottomless ocean of Article 21.
Link this to GS-1 (Indian Society) and GS-2 (Social Justice): The Right to Marry cuts across 'Caste System' (Inter-caste marriage promotion) and 'Secularism' (Special Marriage Act). In Mains, use Article 21 as the shield against 'Khap Panchayats' or 'Honor Killing' arguments.