Political Science · Political Institutions in India
UGC NET 2023 Political Science
Which of the following rights are declared as Fundamental rights under Article 21 of the Indian Constitution?
- A. Right against public Hanging
- B. Right to sustainable development
- C. Right to Livelihood
- D. Right to Free education up to 16 years of age
- E. Right to Reputation
AA, B, C, D and E only
BA, B, C and E only ✓ Correct
CC, D and E only
DA, B, D, E only
Correct answer: (B) A, B, C and E only — The rights read into Article 21 here are the right against public hanging, the right to sustainable development, the right to livelihood and the right to reputation, which is option…
Explanation
★The rights read into Article 21 here are the right against public hanging, the right to sustainable development, the right to livelihood and the right to reputation, which is option (2), namely A, B, C and E only.
★Article 21 guarantees the right to life and personal liberty, interpreted by the courts to mean a life with dignity.
★The right against public hanging follows from the idea that no punishment should be inhumane or degrading.
★The right to sustainable development has been read into Article 21 to balance growth with environmental protection.
★The right to livelihood has been recognised as an essential part of the right to life.
★The right to reputation has been treated as an inherent part of the right to life and dignity.
★Statement D, the right to free education up to sixteen years of age, is not correctly stated.
★Article 21A guarantees free and compulsory education to children between the ages of six and fourteen, not up to sixteen.
★So the wrong age in statement D is the reason it is excluded from the answer.
★The expansion of Article 21 grew especially through judgments after the Maneka Gandhi case of 1978.
★Other rights read into Article 21 include privacy, health, a speedy trial and free legal aid.
★The right to privacy was affirmed as a fundamental right in the Puttaswamy case of 2017.
★The judicial widening of Article 21 has made it one of the richest sources of rights in the Constitution.
★The trap in this question is the incorrect age limit of sixteen years in statement D.
★For NET, fix that education under Article 21A is for ages six to fourteen, and that livelihood, reputation, sustainable development and protection from inhumane punishment all flow from Article 21.
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