Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?
Contents10
- AArticle 19
- BArticle 21
- CArticle 25
- DArticle 29
Show answer
Answer: (B) Article 21
The correct answer is (B) — Article 21.
The Supreme Court ruled that the right to marry a person of one's choice is part of the Right to Life and Personal Liberty under Article 21.
This was notably affirmed in the Hadiya case (2018), where the Kerala High Court had annulled a marriage, but the Supreme Court overturned that decision, upholding the individual's freedom to choose their life partner.
Tip: Article 21 (Right to Life) is the most expansive fundamental right — it covers privacy, dignity, and the right to marry by choice.
The Supreme Court in the Hadiya case (2018) ruled that choosing one's marriage partner is part of the fundamental Right to Life and Personal Liberty under Article 21.
Article 21 has become the most expansive fundamental right through judicial interpretation, covering privacy, dignity, livelihood, and personal choices beyond just physical life.
UPSC is testing whether students understand that specific rights like marriage choice fall under the broad Article 21 umbrella, not under obvious articles like Article 19 (freedom) or Article 25 (religion).
Article 21: Right to Life & Personal Liberty
Indian Polity Article 21
Article 21: The Most Expansive Fundamental Right
Article 21 guarantees Right to Life and Personal Liberty — cannot be deprived except by procedure established by law
Supreme Court has expanded Article 21 to include right to marry person of choice, privacy, dignity, livelihood
Hadiya case (2018) established right to marry by choice under Article 21
Article 21 is non-suspendable even during Emergency
Constitutional Text
Article 21 states: No person shall be deprived of his life or personal liberty except according to procedure established by law. Originally meant to protect against arbitrary arrest and detention, judicial interpretation has made it the most expansive fundamental right.
Judicial Expansions of Article 21
Right Recognized | Key Case | Year | Significance |
|---|---|---|---|
Right to Privacy | Puttaswamy case | 2017 | 9-judge bench, fundamental right |
Right to Marry by Choice | Hadiya case | 2018 | Overturned forced annulment |
Right to Die with Dignity | Aruna Shanbaug | 2011 | Passive euthanasia allowed |
Right to Livelihood | Olga Tellis case | 1985 | Pavement dwellers protection |
Right to Education | Unnikrishnan case | 1993 | Later became Article 21A |
Hadiya Case Details
Kerala High Court had annulled Hadiya's marriage, citing concerns about conversion and 'love jihad'
Supreme Court overturned the High Court decision, stating individuals have freedom to choose life partners
Court held that right to marry person of choice is integral to Article 21's personal liberty guarantee
Established that parental or societal disapproval cannot override individual's marriage choice
Article 21 Scope Expansion
# Article 21: Life & Personal Liberty
## Personal Autonomy
- Right to Privacy
- Right to Marry by Choice
- Sexual Orientation Rights
## Human Dignity
- Right to Die with Dignity
- Solitary Confinement
- Inhuman Treatment
## Economic Rights
- Right to Livelihood
- Right to Shelter
- Right to Clean Environment
## Social Rights
- Right to Education
- Right to Health
- Right to Legal AidQuestion Connection
This question tests knowledge of judicial interpretation expanding Article 21. The trap options (Articles 19, 25, 29) deal with other freedoms but the Supreme Court specifically placed marriage choice under Article 21's personal liberty.
Article 19 covers six freedoms but marriage is NOT explicitly listed — it's under Article 21 through judicial interpretation
Article 25 is about religious freedom, not marriage choice — don't confuse with interfaith marriage issues
Article 29 protects cultural rights but individual marriage choice transcends community rights under Article 21
Remember: Article 21 + Supreme Court interpretation = expanded rights like marriage, privacy, dignity
Articles 19, 25 & 29: Other Fundamental Rights
Indian Polity Article 19 Article 25 Article 29
Key Fundamental Rights: Articles 19, 25 & 29
Article 19 provides six freedoms to citizens — speech, assembly, movement, residence, profession, property
Article 25 guarantees freedom of conscience and free profession, practice and propagation of religion
Article 29 protects cultural and educational rights of minorities
Comparison of Rights
Article | Right Protected | Who Gets It | Key Restrictions |
|---|---|---|---|
Article 19 | Six Freedoms (speech, assembly, movement, etc.) | Citizens only | Reasonable restrictions |
Article 25 | Freedom of religion | All persons | Public order, morality, health |
Article 29 | Cultural & educational rights | Minorities | Cannot violate other fundamental rights |
Article 19: Six Freedoms
# Article 19 (Citizens Only)
## Expression
- Speech
- Press Freedom
- Information
## Association
- Peaceful Assembly
- Form Associations
- Form Unions
## Movement
- Move Freely
- Reside Anywhere
- Settle Anywhere
## Profession
- Practice Profession
- Carry on Business
- TradeReligious & Cultural Rights
Article 25: Includes right to propagate religion but not conversion by force or fraud
Article 29(1): Any section with distinct language, script or culture has right to conserve it
Article 29(2): No citizen denied admission to educational institutions on grounds of religion, race, caste, language
Article 30: Minorities have right to establish and administer educational institutions
Article 19 freedoms are for citizens only — Articles 21, 25 are for all persons including foreigners
Marriage choice is NOT in Article 19's six freedoms — it's under Article 21 via judicial interpretation
Article 25 is religious freedom, not marriage freedom — don't link interfaith marriage directly to Article 25
Article 29 protects minority culture but individual choice in marriage falls under Article 21, not cultural rights