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Q56 (IAS/2019) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Life Official Key

Which Article of the Constitution of India safeguards one's right to marry the person of one's choice?

Result
Your answer: —  ·  Correct: B
Explanation

The right to marry a person of one's choice is integral to Article 21 of the Constitution.[1] Article 21 protects the right to life and personal liberty, and the right to marry a person of one's choice has been recognized as part of Article 21[2] through judicial interpretation. Articles 19 and 21 of the Constitution guarantee all persons the right to marry a person of their choice, including LGBTQIA+ persons[3], but Article 21 is the primary safeguard. While petitioners have cited fundamental rights under Articles 14, 15, 19, 21 and 25[4] in various cases, the Supreme Court has specifically held that this right flows from the broader protection of personal liberty under Article 21. Therefore, Article 21 is the correct answer as it is the principal constitutional provision safeguarding the right to marry the person of one's choice.

Sources
  1. [1] https://api.sci.gov.in/supremecourt/2022/36593/36593_2022_1_1501_47792_Judgement_17-Oct-2023.pdf
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > G Protection of Life and Personal Liberty > p. 90
  3. [3] https://api.sci.gov.in/supremecourt/2022/36593/36593_2022_1_1501_47792_Judgement_17-Oct-2023.pdf
  4. [4] https://api.sci.gov.in/supremecourt/2022/36593/36593_2022_1_1501_47792_Judgement_17-Oct-2023.pdf
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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. 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 […
At a glance
Origin: Books + Current Affairs Fairness: Low / Borderline fairness Books / CA: 2.5/10 · 7.5/10
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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

Web source
Presence: 5/5
"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.
Web source
Presence: 4/5
"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.

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Statement analysis

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Statement analysis

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