6 October 2026

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Fundamental Right to Cultural Preservation and Great Nicobar Case

Why in news

  • Supreme Court observed that preservation of culture is a fundamental right while declining to stay Calcutta High Court proceedings on the Great Nicobar project.

Key terms

Article 29(1)

Constitutional provision guaranteeing any section of citizens the right to conserve their distinct language, script, or culture.

Forest Rights Act, 2006

Statute recognizing forest rights and occupation in forest land for traditional forest-dwelling communities.

Particularly Vulnerable Tribal Group

Sub-category of tribal groups identified by declining population, pre-agricultural technology, and extreme backwardness.

Shompen Tribe

An indigenous, semi-nomadic Particularly Vulnerable Tribal Group inhabiting the interior forests of Great Nicobar Island.

What is the Legal Context?

  • Article 29(1) of the Constitution guarantees citizens the right to conserve their distinct language, script, or culture.
  • The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA) protects individual and community rights of forest-dwelling communities over traditional forest lands.

Key Issues Raised

  • Diversion of over 130 sq km of tropical forest for infrastructure projects in Great Nicobar island.
  • Potential violation of statutory protections under FRA and threats to the traditional lifestyle and culture of Particularly Vulnerable Tribal Groups (PVTGs) such as the Shompen and Nicobarese.

Why it matters

  • Affirms judicial recognition of indigenous cultural survival under Constitutional fundamental rights.
  • Balances national infrastructure development with environmental compliance and tribal rights protection.

Prelims facts

  • Article 29(1) applies to all sections of citizens, not exclusively religious minorities.
  • Shompen and Nicobarese are indigenous inhabitants of the Andaman and Nicobar Islands.

Mains discussion

  • Reconciling ecological preservation and PVTG cultural protection with strategic infrastructure development.
  • Enforcement challenges of the Forest Rights Act in island ecosystems.

Source: The Hindu Business Line

Same topic · past papers

UPSC has asked this before

These previous-year questions sit on the same topic. Open one to practise the earlier ask.

  1. 2024 · Q12 · GS I · 15 marks

    How far is it correct to say that the First World War was fought essentially for the preservation of balance of power?

    View answer →

  2. 2026 · Q4 · GS II · 10 marks

    Is the right to vote a fundamental right? Discuss the position of the Election Commission of India while undertaking the revision of electoral rolls. Can it also examine the question of citizenship of voters?

    View answer →

  3. 2025 · Q51 · General Studies · 2 marks

    Which reference to the Indian polity, consider the following statements : I. An Ordinance can amend any Central Act. II. An Ordinance can abridge a Fundamental Right. III. An Ordinance can come into effect from a back date. Which of the statements given above are correct?

    View answer →

  4. 2018 · Q85 · General Studies · 2 marks

    Consider the following statements: 1. The Barren Island volcano is an active volcano located in the Indian territory. 2. Barren Island lies about 140 km east of Great Nicobar. 3. The last time the Barren Island volcano erupted was in 1991 and it has remained inactive since then. Which of the statements given above is/are correct?

    View answer →

  5. 2017 · Q98 · General Studies · 2 marks

    Which of the following is geographically closest to Great Nicobar?

    View answer →

← All Prelims + Mains notes for 6 October 2026

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