Difficulty: Medium
Correct Answer: Right to permanent housing or shelter as part of a dignified life
Explanation:
Introduction / Context:
The Constitution of India lists Fundamental Rights in clear Articles, but the Supreme Court has often expanded their scope through creative interpretation. Over time, the Court has read several new dimensions into existing rights, especially into Article 21 dealing with life and personal liberty. This question asks you to identify which right is not explicitly mentioned in the constitutional text but has been recognised by the Supreme Court as part of the bundle of Fundamental Rights, especially by linking it to the idea of a dignified life.
Given Data / Assumptions:
- Options include several clearly enumerated rights such as right to life, equality of opportunity in public employment, protection of personal liberty and freedom of speech.
- One option refers to a right to permanent housing or shelter as part of a dignified life.
- The question specifically contrasts explicit enumeration in the Constitution with later judicial articulation.
- We assume awareness of landmark judgments where the Supreme Court expanded Article 21 to include various derivative rights.
Concept / Approach:
Fundamental Rights in Part III are explicitly worded, for example Article 14 on equality before law, Article 19 on freedoms and Article 21 on protection of life and personal liberty. However, the Supreme Court has interpreted the phrase life in Article 21 to mean a life with dignity, not mere animal existence. Through this approach, it has recognised rights such as right to shelter, right to livelihood and right to a clean environment as being implicit in Article 21. These derivative rights are not separately enumerated in the constitutional text, but they are treated as Fundamental Rights because they are essential for a dignified life.
Step-by-Step Solution:
Step 1: Identify which of the listed rights are explicitly written in the Constitution of India.Step 2: Right to life, equality of opportunity in public employment, protection of personal liberty and freedom of speech and expression are all specifically mentioned in Articles 21, 16, 22 and 19 respectively.Step 3: Note that the Constitution does not contain a separate Article that uses the phrase right to permanent housing or shelter.Step 4: Recall that Supreme Court judgments have interpreted Article 21 to include a broader right to shelter as part of living with dignity.Step 5: Conclude that the right to permanent housing or shelter is the right that is not explicitly enumerated but has been judicially articulated as fundamental.
Verification / Alternative check:
As a check, you can recall landmark cases where the Supreme Court discussed the right to shelter, employment and other socio economic entitlements as part of Article 21. Standard commentaries explain that these rights are not directly written into the Constitution but are implied. In contrast, the other options are clearly titled and numbered fundamental rights found within Part III. This difference confirms that option D is the correct choice.
Why Other Options Are Wrong:
The right to life under Article 21 is explicitly written and is one of the most important Fundamental Rights, so option A is not the answer. Equality of opportunity in public employment is clearly stated in Article 16 and is therefore also explicitly enumerated, making option B incorrect. Protection of personal liberty against arbitrary arrest and detention flows from Articles 21 and 22, both of which are clearly drafted, so option C is not correct. Freedom of speech and expression is guaranteed by Article 19 and is again an enumerated right, so option E is wrong for this question.
Common Pitfalls:
Many students know that the Supreme Court has expanded Article 21, but they sometimes forget which of the specific derivative rights are textually enumerated and which are not. Another confusion arises because textbooks frequently discuss rights such as right to shelter and right to livelihood alongside enumerated rights, giving the impression that they are expressly written in the Constitution. Careful reading of actual Article numbers and wording is necessary to avoid this mistake.
Final Answer:
Right to permanent housing or shelter as part of a dignified life is not explicitly enumerated as a Fundamental Right in the Constitution but has been articulated by the Supreme Court as part of the guarantee of life and personal liberty under Article 21.
Discussion & Comments