Question 77 from UPSC CSE 2019 - Polity & Governance

Question

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

IASCODEX · Accepted Answer

Correct Option: B. Article 21

Strategy: Focus on the core idea: right to marry comes under personal liberty rather than freedoms like speech, religion, or cultural rights. Article 21 is directly associated with protection of life and personal liberty. Recall recent landmark Supreme Court judgments explicitly identifying the right to marry the person of one's choice as part of Article 21. Disregard Articles 19, 25, and 29 as they are concerned respectively with freedom of expression, religion, and cultural/minority rights—not marriage or personal liberty.

Key Info: Article 21 of the Indian Constitution states: "No person shall be deprived of his life or personal liberty except according to procedure established by law." The Supreme Court has expansively interpreted 'personal liberty' to include a range of fundamental rights implicit under Article 21, such as the right to privacy, dignity, and the right to marry a person of one's choice. The right to marry freely is protected under several landmark decisions, notably Shafin Jahan v. Asokan K.M. (2018) and Lata Singh v. State of UP (2006), affirming the autonomy of individuals in matters relating to marriage and relationships, regardless of caste, religion, or community. Article 19 guarantees freedoms such as speech and assembly; Article 25 deals with freedom of religion; Article 29 with protection of cultural and educational rights of minorities. None of these specifically safeguard the right to marry. The right to marry, therefore, is squarely protected as part of the 'right to life and personal liberty' under Article 21 and is subject to reasonable restrictions by procedure established by law.

IASCODEX · Answer

Option A: Article 19

IASCODEX · Answer

Option C: Article 25

IASCODEX · Answer

Option D: Article 29