Which are Legal rights or non-fundamental rights?
Q. Which of the following are legal rights?
1) Right to property
2) No tax shall be levied or collected except by authority of law
3) Freedom of Trade, commerce and intercourse- Published on 21 Feb 17a. Only 1 and 2
b. Only 1 and 3
c. Only 2 and 3
d. All of the above
ANSWER: All of the above
- Besides the Fundamental Rights, there are certain other rights contained in other parts of the Constitution.
- These rights are known as constitutional rights or legal rights or non-fundamental rights.
They are :
1. No tax shall be levied or collected except by authority of law (Article 265 in Part XII).
2. No person shall be deprived of his property save by authority of law (Article 300-A in Part XII).
3. Trade, commerce and intercourse throughout the territory of India shall be free (Article 301 in Part XIII).
4. The elections to the Lok Sabha and the State Legislative Assembly shall be on the basis of adult suffrage (Article 326 in Part XV).
- These rights are also equally justiciable.
- In case of violation of a Fundamental Right, the aggrieved person can directly move the Supreme Court for its enforcement under Article 32, which is in itself a fundamental right.
- However, in case of violation of the above rights, the aggrieved person cannot avail this constitutional remedy but can move the High Court by an ordinary suit or under Article 226 (writ jurisdiction of high court).
