Constitutional rights outside Part III

Polity & Governance glossary

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.

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