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Question

Which one of the following is not a part of Fundamental Rights ?

This question was previously asked in
NDA I 2021 GAT Previous Year Paper (18-Apr-2021)
The correct answer is

Right to be conferred with titles

Understanding Fundamental Rights in India

Fundamental Rights are a cornerstone of the Indian Constitution. They are basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. These rights are enforceable by the courts, and the state cannot make any law that takes away or abridges these rights.

The question asks to identify which of the given options is not a part of Fundamental Rights. Let's examine each option:

Analysis of the Options

  • Right to education: This is a fundamental right guaranteed under Article 21A of the Constitution, which was inserted by the 86th Amendment Act, 2002. It makes elementary education a fundamental right for children between 6 and 14 years.
  • Right to establish educational institutions by minorities: This is also a fundamental right protected under Article 30 of the Constitution. It grants religious and linguistic minorities the right to establish and administer educational institutions of their choice.
  • Right to be conferred with titles: The Constitution of India, under Article 18, actually abolishes titles. It prohibits the State from conferring titles (except military or academic distinctions) and prohibits Indian citizens from accepting titles from any foreign state. Therefore, there is no 'Right to be conferred with titles' as a fundamental right; rather, the Constitution aims to prevent the creation of a titled aristocracy.
  • Right against untouchability: This is a fundamental right guaranteed under Article 17 of the Constitution. It abolishes 'Untouchability' and forbids its practice in any form. The enforcement of any disability arising out of 'Untouchability' is an offence punishable in accordance with law.

Based on this analysis, the 'Right to be conferred with titles' is not a fundamental right. Instead, the Constitution prohibits the conferment and acceptance of titles.

Summary of Examined Rights
Right Status as Fundamental Right Relevant Article (if applicable)
Right to education Yes Article 21A
Right to establish educational institutions by minorities Yes Article 30
Right to be conferred with titles No (Constitution abolishes titles) Article 18
Right against untouchability Yes Article 17

Identifying the Option Not Part of Fundamental Rights

As clearly shown by the constitutional provisions, the 'Right to be conferred with titles' is contrary to the principle enshrined in Article 18, which abolishes titles to ensure equality and prevent social stratification based on inherited or conferred status. The other three options are explicitly listed or recognized as Fundamental Rights within the Indian Constitution.

Conclusion

The option that is not a part of Fundamental Rights among the given choices is the right to be conferred with titles.

Revision Table: Key Fundamental Rights

Key Fundamental Rights Mentioned
Fundamental Right Constitutional Article Brief Description
Right to Equality Articles 14-18 Equality before law, no discrimination, abolition of untouchability, abolition of titles.
Right to Freedom Articles 19-22 Six freedoms (speech, assembly, etc.), protection in respect of conviction, protection of life and personal liberty, protection against arrest and detention.
Right Against Exploitation Articles 23-24 Prohibition of forced labor and child labor.
Right to Freedom of Religion Articles 25-28 Freedom of conscience, practice, propagation of religion, managing religious affairs, freedom from taxes for promotion of religion, freedom from religious instruction in certain institutions.
Cultural and Educational Rights Articles 29-30 Protection of interests of minorities, right of minorities to establish and administer educational institutions.
Right to Constitutional Remedies Article 32 Right to move the Supreme Court for the enforcement of Fundamental Rights.
Right to Education Article 21A Elementary education is a fundamental right for children aged 6-14.

Additional Information on Fundamental Rights

Fundamental Rights are distinct from other legal rights because they are guaranteed by the Constitution and are considered fundamental. They are justifiable, meaning a person can go to court if their fundamental rights are violated. They are not absolute and are subject to reasonable restrictions imposed by the state. Some fundamental rights are available only to citizens, while others are available to all persons (citizens and foreigners).

Understanding the specific articles related to Fundamental Rights helps in identifying and protecting these crucial liberties.

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