Which of the following fundamental rights under the Constitution of India are available only to citizens of India and not to all persons? 1. Article 19 protection of certain freedoms 2. Article 21 protection of life and personal liberty 3. Article 15 prohibition of discrimination 4. Article 16 equality of opportunity in public employment. Select the correct answer using the code given below.

Difficulty: Medium

Correct Answer: 1, 3 and 4

Explanation:


Introduction / Context:
The Constitution of India grants fundamental rights in Part III, but not all of these rights are available to every person in the same way. Some fundamental rights are guaranteed to all persons within the territory of India, while others are restricted specifically to citizens of India. Exam questions often ask candidates to distinguish between rights that are citizen specific and those that are universal. This particular question focuses on Articles 19, 21, 15, and 16 and requires careful classification based on their wording.


Given Data / Assumptions:

  • The question lists four fundamental rights with their article numbers and short descriptions.
  • Article 19 concerns protection of certain freedoms such as speech, assembly, association, movement, residence, and profession.
  • Article 21 deals with protection of life and personal liberty.
  • Article 15 relates to prohibition of discrimination on certain grounds.
  • Article 16 provides equality of opportunity in matters of public employment.
  • We have to identify which of these are guaranteed only to citizens.


Concept / Approach:
A simple rule helps in such questions. Articles 15 and 16 clearly use the term citizen of India in their wording. Article 19 explicitly states that all citizens shall have the right to the freedoms listed there. On the other hand, Article 21 uses the broader term person and has been interpreted by courts to apply to citizens as well as foreigners. Therefore, Articles 19, 15, and 16 are citizen specific rights, while Article 21 is a universal right available to every person within the territory of India. Based on this reasoning, the combination that includes 1, 3, and 4 is correct.


Step-by-Step Solution:
Step 1: Look at Article 19. Its text begins with the words all citizens shall have the right, clearly indicating that it is restricted to citizens. Step 2: Look at Article 21. It uses the phrase no person shall be deprived of life or personal liberty, which shows that it applies to any person, citizen or foreigner. Step 3: Examine Article 15. It prohibits the State from discriminating against any citizen on grounds of religion, race, caste, sex, or place of birth. The word citizen here shows that this right is citizen specific. Step 4: Examine Article 16. It guarantees equality of opportunity for all citizens in matters relating to employment under the State. Again, citizen specific language is used. Step 5: Conclude that Articles 19, 15, and 16 are restricted to citizens, while Article 21 is available to all persons. Step 6: Among the combinations given, identify that 1, 3, and 4 are the citizen only rights. Step 7: Mark the option listing 1, 3, and 4 as the correct answer.


Verification / Alternative check:
A quick verification method is to recall a simple classification taught in most polity textbooks. Rights available to all persons include Article 14 (equality before the law), Article 20 (protection in respect of conviction for offences), Article 21 (life and personal liberty), Article 22 (protection against arrest and detention), and certain cultural and educational rights. Rights available only to citizens include Articles 15, 16, 19, 29 (for some aspects), and 30 (for minority educational institutions). This standard classification confirms that Article 21 belongs to the all persons category, whereas Articles 19, 15, and 16 belong to the citizens only category, which matches the chosen combination.


Why Other Options Are Wrong:
The option listing 1, 2, and 3 treats Article 21 as a citizen specific right, which is incorrect because it uses the term person. The option listing 2, 3, and 4 also wrongly includes Article 21 and excludes Article 19, which is clearly a citizens only right. The option listing 1 and 4 only ignores Article 15, which is explicitly framed in terms of citizens rather than all persons. Each incorrect option reflects a misunderstanding of the language used in the relevant articles.


Common Pitfalls:
Many candidates rely on the intuitive importance of a right instead of its exact wording. Because the right to life and personal liberty is so fundamental, some learners assume that it must be restricted to citizens, when in fact the Constitution deliberately extends it to all persons. Another pitfall is not memorising the distinction between person and citizen as used in Part III. To avoid such mistakes, it is advisable to carefully read the text of the key fundamental rights and highlight where the word citizen appears.


Final Answer:
The fundamental rights that are available only to citizens and not to all persons are Article 19, Article 15, and Article 16, that is, items 1, 3, and 4.

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