Question

Which of the following is a legal right and not a fundamental right?

• A. Right to Liberty of thought and expression.
• B. Right against exploitation.
• C. Right to property.
• D. Right to practice religion.

Hint:

This right was removed from Part III of the Constitution by a constitutional amendment in 1978.

Answer 1

The Correct Option is C

Let's approach this by recalling the difference between a fundamental right and a legal right in the Indian Constitution. Fundamental rights are listed in Part III of the Constitution and are strongly protected, since a person can go directly to the Supreme Court or a High Court if any of them is violated. A legal right, on the other hand, is protected only by ordinary law and does not carry the same constitutional guarantee.

Liberty of thought and expression falls under Article 19, which is squarely a fundamental right. The right against exploitation, covering protection from forced labour and child labour, is guaranteed under Articles 23 and 24, again as a fundamental right. The right to practice religion is covered by Articles 25 to 28, also placed firmly among the fundamental rights.

The right to property is different. It used to be a fundamental right when the Constitution was first adopted, but Parliament passed the 44th Constitutional Amendment Act in 1978, which took the right to property out of Part III. Since then, it survives only as a legal right under Article 300A, meaning the state can regulate or acquire property through a proper law, without the stronger constitutional protection fundamental rights carry.

Because the other three rights in the question are still fundamental rights while the right to property is now only a legal right, the right to property is the correct answer.

So the answer is option 3, Right to property.