LEGAL RIGHTS

In addition to the fundamental rights guaranteed under Part III, there are numerous other justifiable rights, incorporated in the constitution. Such rights are called as legal rights or constitutional rights or non-fundamental rights. They are

1. Article 300A: No person shall be deprived of his property except by the authority of law.
2. Article 265: No tax shall be levied or collected except by the authority of law.
3. Article 301: Trade, commerce and intercourse throughout the Indian territory shall be free.
4. Article 326: Elections to the Lok Sabha and the State Legislative Assemblies shall be based on adult suffrage.

In case of violation of the above rights, the aggrieved persons cannot challenge it in the Supreme Court under article 32. They can however approach the High Courts under article 226.

RECENT AMENDMENT:

The Parliament has enacted the 103rd Constitutional Amendment Act, 2019 that aims to provide reservations in admission to higher educational institutions and government employment to economically weaker sections by inserting clause(6) to articles 15 and 16.

ARTICLE 15(6): It says that the State shall make provisions for the advancement of any economically weaker section of citizens by securing reservation in admissions to higher educational institutions including private institutions except minority institutions that are protected under article 30(1). It further says that the upper limit of such reservation will be ten percent.

ARTICLE 16(6): It says that the State shall make provisions for reservations in appointments to government employment for economically weaker section of citizens. It further says that the upper limit of such reservation will be ten percent.