Question map
Which Article of the Constitution of India safeguards one's right to marry the person of one's choice?
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] https://api.sci.gov.in/supremecourt/2022/36593/36593_2022_1_1501_47792_Judgement_17-Oct-2023.pdf
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > G Protection of Life and Personal Liberty > p. 90
- [3] https://api.sci.gov.in/supremecourt/2022/36593/36593_2022_1_1501_47792_Judgement_17-Oct-2023.pdf
- [4] https://api.sci.gov.in/supremecourt/2022/36593/36593_2022_1_1501_47792_Judgement_17-Oct-2023.pdf
PROVENANCE & STUDY PATTERN
Guest previewThis 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.
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?
- Statement 2: Does Article 21 of the Constitution of India safeguard the right to marry a person of one's choice?
- Statement 3: Does Article 25 of the Constitution of India safeguard the right to marry a person of one's choice?
- Statement 4: Does Article 29 of the Constitution of India safeguard the right to marry a person of one's choice?
- 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.
- 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.
Lists the six specific freedoms guaranteed by Article 19 (speech, assembly, association, movement, residence, profession) — marriage is not among them.
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.
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.
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.
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.
A student could use this as a prompt to check primary sources (constitutional text/case law) to choose between the two options.
Explains Article 19 is the cluster of 'freedoms' and describes the nature and scope of those freedoms, helping delimit what Article 19 covers.
A student could use this description to rule out Article 19 for rights not fitting the listed freedoms (such as personal decisions about marriage).
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.
A student could contrast Part III headings with Article 21 content to locate where personal liberty and marriage rights are more plausibly protected.
- 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.
- 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.
- 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.
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- 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.
- 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.
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).
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.
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.
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).
Explains Article 25 concerns freedom of conscience, professing, practising and propagating religion, and limits on conversion by force/inducement.
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).
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.
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.
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.
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.
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- 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.
- 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.
- 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.
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).
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.
Shows the classification of fundamental rights and identifies Articles 29-30 as 'Cultural and Educational Rights'.
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).
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.
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.
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.
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.
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).
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).
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- [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.
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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.
- 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
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.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > G Protection of Life and Personal Liberty > p. 90
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.
- 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
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.
- 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
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.
- 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
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.
- 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
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.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > G Protection of Life and Personal Liberty > p. 90
Discover the small, exam-centric ideas hidden in this question and where they appear in your books and notes.
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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.
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