Under the Constitution of India, which of the following is not recognised as a Fundamental Right?

Difficulty: Easy

Correct Answer: Right to employment for every citizen in all circumstances.

Explanation:


Introduction / Context:
The Constitution of India contains a special set of protected freedoms called Fundamental Rights, mainly listed in Part III. These rights can be enforced by the courts through writ petitions. At the same time, the Constitution also contains Directive Principles of State Policy and various legal rights that are important but are not Fundamental Rights. This question asks you to identify which one of the given options is not a Fundamental Right in the strict constitutional sense.


Given Data / Assumptions:

  • The options list several important rights, some of which are Fundamental Rights and others that are not.
  • We assume the current position after major amendments such as the Eighty sixth Amendment.
  • The question is about formal Fundamental Rights, not about desirable goals or statutory rights.
  • We need to recall which rights are expressly protected in Part III of the Constitution.


Concept / Approach:
Fundamental Rights include the Right to equality, the Right to freedom, the Right against exploitation, the Right to freedom of religion, Cultural and Educational Rights and the Right to constitutional remedies. The Right to freedom of speech and expression is a Fundamental Right under Article 19. The Right to equality before the law is a Fundamental Right under Article 14. The Right to education for children between six and fourteen years has been made a Fundamental Right under Article 21A. On the other hand, a general Right to employment for every citizen in all circumstances is not a Fundamental Right; instead, a Right to work is mentioned as a Directive Principle in Article 41 and specific employment schemes are created by legislation. Therefore, the correct answer is the right to employment as described in option B.


Step-by-Step Solution:
Step 1: Identify which rights in the options are explicitly named as Fundamental Rights in Part III of the Constitution. Step 2: Option A, Right to freedom of speech and expression, is clearly a Fundamental Right under Article 19. Step 3: Option C, Right to equality, is covered under Articles 14 to 18 and is also a Fundamental Right. Step 4: Option D, Right to education for children from six to fourteen years, is recognised as a Fundamental Right under Article 21A after the Eighty sixth Amendment. Step 5: Option B refers to a broad Right to employment for every citizen in all circumstances, which is not listed as a Fundamental Right. The Constitution includes a Directive Principle about Right to work but that is not justiciable in the same way. Step 6: Therefore, option B is the right that is not a Fundamental Right.


Verification / Alternative check:
To verify, you can recall that many competitive exam books include a table of Fundamental Rights and ask similar questions. They often highlight that Right to work or Right to employment belongs to the Directive Principles of State Policy in Part IV, not to Fundamental Rights. In contrast, freedom of speech and equality before law are described in detail as Fundamental Rights. After the Eighty sixth Amendment, Right to education up to age fourteen is also included in Part III. If you compare these lists, you will see that a general guarantee of employment is missing from the Fundamental Rights chapter, confirming option B as correct.


Why Other Options Are Wrong:
Option A is wrong as a choice for this question because it is part of the Right to freedom under Article 19 and is definitely a Fundamental Right.
Option C is wrong because equality before the law and equal protection of the laws are central Fundamental Rights under Article 14.

Option D is wrong because the Constitution now provides a Fundamental Right to education for children between six and fourteen years under Article 21A.


Common Pitfalls:
A common pitfall is to confuse Directive Principles of State Policy with Fundamental Rights, because both sets of provisions talk about desirable conditions in society. For example, the Directive Principle on Right to work may lead some learners to believe that there is a full Fundamental Right to employment. Another mistake is to rely on everyday language rather than exact constitutional terms. To avoid this, always connect specific article numbers with the label Fundamental Right when revising. Remember in particular that Right to employment as a general guarantee is not a Fundamental Right, even though governments may run employment schemes as a matter of policy.


Final Answer:
Right to employment for every citizen in all circumstances.

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