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Question

Which one among the following is not a Fundamental Right under the Constitution of India?

This question was previously asked in
NDA I 2018 GAT Previous Year Paper (22-Apr-2018)
The correct answer is

Right to citizenship

Understanding Fundamental Rights in the Indian Constitution

The Constitution of India guarantees certain fundamental rights to its citizens, and in some cases, to all persons. These rights are enshrined in Part III of the Constitution (Articles 12 to 35) and are considered essential for the overall development of individuals. They are justiciable, meaning that individuals can approach the courts if these rights are violated.

Identifying Non-Fundamental Rights

The question asks us to identify which among the given options is not included in the list of Fundamental Rights under the Constitution of India. Let's examine each option:

  • Right to equality: This is a well-known category of Fundamental Rights, covered by Articles 14 to 18 of the Constitution. It includes equality before the law, prohibition of discrimination on various grounds, equality of opportunity, and abolition of untouchability and titles.
  • Right to freedom: This is another crucial set of Fundamental Rights, detailed in Articles 19 to 22. It covers various freedoms such as speech and expression, assembly, association, movement, residence, profession, and protection in respect of conviction for offences, protection of life and personal liberty, and protection against arrest and detention in certain cases.
  • Right to citizenship: Citizenship in India is dealt with separately in Part II of the Constitution, specifically Articles 5 to 11. These articles define who is a citizen of India at the commencement of the Constitution, how citizenship can be acquired and terminated, and the power of Parliament to regulate the right of citizenship by law. While citizenship is fundamental to determining who enjoys certain rights (including some fundamental rights), the provisions *defining* and *governing* citizenship are not themselves listed under the chapter on Fundamental Rights (Part III).
  • Right against exploitation: This is explicitly listed as a Fundamental Right under Articles 23 and 24. It prohibits forced labour and the trafficking of human beings, and also prohibits the employment of children below the age of 14 in factories, mines, or other hazardous employment.

Based on this analysis, the "Right to citizenship" is the one that is not codified within Part III of the Constitution as a Fundamental Right, although being a citizen is a prerequisite for enjoying many of these rights.

Comparison of Rights Categories

It's important to distinguish between different types of rights mentioned in the Constitution.

Type of Right Covered In Key Characteristic
Fundamental Rights Part III (Articles 12-35) Justiciable; basic human rights essential for development
Citizenship Rights Part II (Articles 5-11) Define who is a citizen and how citizenship is regulated
Directive Principles of State Policy (DPSP) Part IV (Articles 36-51) Non-justiciable; guidelines for the government

The question specifically asks about Fundamental Rights. While citizenship is a fundamental concept for the existence of the state and the enjoyment of rights by its people, the specific articles defining citizenship are not located within the Fundamental Rights chapter (Part III).

Conclusion

The options provided are Right to equality, Right to freedom, Right to citizenship, and Right against exploitation. We have seen that Right to equality, Right to freedom, and Right against exploitation are all explicitly listed as Fundamental Rights in Part III of the Indian Constitution. The Right to citizenship, however, is covered in Part II and is not listed among the Fundamental Rights. Therefore, the Right to citizenship is not a Fundamental Right under the Constitution of India.

Revision Table: Key Fundamental Rights in India

Category of Right Articles
Right to Equality 14-18
Right to Freedom 19-22
Right against Exploitation 23-24
Right to Freedom of Religion 25-28
Cultural and Educational Rights 29-30
Right to Constitutional Remedies 32

Additional Information on Constitutional Rights

Besides Fundamental Rights and Citizenship rights, the Indian Constitution also contains other rights and principles. Directive Principles of State Policy (DPSP) in Part IV are guidelines for the state but are not enforceable by courts. There are also other constitutional rights that are not Fundamental Rights, such as the Right to Property (formerly a Fundamental Right, now Article 300A). Understanding the placement and nature of these different types of rights is crucial for comprehending the structure and intent of the Indian Constitution.

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