Constitutional rights outside Part III
Also called: Non-fundamental constitutional rights · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Beyond NCERT
Meaning
These are rights the Constitution gives that sit outside Part III, so they are not fundamental rights. Examples are no tax without authority of law (Art. 265), the right to property (Art. 300A), freedom of trade across India (Art. 301) and the adult vote (Art. 326). A person cannot go straight to the Supreme Court under Article 32 to enforce them. Instead, they use a High Court writ under Article 226 or an ordinary court case (suit).
Example
The 44th Amendment, 1978 took the right to property out of Part III and placed it in Article 300A. Since then, a person whose land is taken without legal authority cannot go to the Supreme Court under Article 32. They must approach the High Court under Article 226 or file a suit.
Don't confuse with
- Fundamental rights: these are in Part III and can be enforced directly in the Supreme Court under Article 32.
- Legal rights: these come from ordinary laws, not from the Constitution.
Related concepts
- Fundamental rights
- Bill of rights
- Magna Carta
- Legal rights
- Constitution of South Africa
- Restriction of rights of armed forces
- Martial law
- Article 35
- Suspension of fundamental rights during emergency