Legal rights
Also called: Ordinary legal right · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Class 11, Ch 5 "Rights"; Class 11, Ch 2 "Rights in the Indian Constitution"
Meaning
A legal right is a right created by an ordinary law passed by the legislature. Because an ordinary law created it, another ordinary law can change or remove it. The Constitution does not guarantee it, so a constitutional amendment is not needed to take it away. Fundamental rights are different: they can be changed only by a constitutional amendment, and only within the basic structure (the core features of the Constitution that cannot be destroyed).
Example
The National Food Security Act, 2013 gives people a legal right to subsidised food grain. Parliament could amend this Act through its normal law-making process. A fundamental right such as free speech under Article 19(1)(a) could not be changed that way.
Don't confuse with
- Fundamental rights: these are guaranteed by Part III and enforced directly through Articles 32 and 226.
- Constitutional rights outside Part III (such as property under Art. 300A): these are in the Constitution itself, so an ordinary law cannot abolish them.
Related concepts
- Fundamental rights
- Bill of rights
- Magna Carta
- Constitution of South Africa
- Constitutional rights outside Part III
- Restriction of rights of armed forces
- Martial law
- Article 35
- Suspension of fundamental rights during emergency