Which of the following is NOT a fundamental right provided by the Indian Constitution?
- AOption (a)
Right to Constitutional Remedy
- BOption (b)
Right to Liberty
- COption (c)
Right to Seek Labour
- DOption (d)
Right Against Exploitation
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Correct answer
Right to Seek Labour
Why this answer is correct
The correct answer is the Right to Seek Labour.
Key Points
- The right to Seek Labor is not a fundamental right, but it comes in the Indian Labour Law.
- Article 41 is in DPSP to secure the rights of workers.
- These include the right to work of one's choice, the right against discrimination, the prohibition of child labor, just and humane conditions of work, social security, protection of wages, redress of grievances, right to organize and form trade unions, collective bargaining, and participation in management.
Fundamental Right
- Articles 12 to 35 in part -III of the Indian constitution are fundamental rights.
- Fundamental rights are not absolute, in other words, these rights can be suspended under special circumstances (except Articles 20 and 21).
- The Fundamental Rights are taken from the American Bill of Rights.
- Their violation can be taken to court to be enforced i.e. they are judicial.
- Article 32 empowers the Supreme Court to protect the fundamental rights
- The right to property which was a fundamental right was removed by the 44th Constitutional Amendment (1976)
Additional Information Right to Constitutional Remedy
- There is a right in India that states that a person can move to the Supreme court if he/she wants to get their fundamental rights protected.
- This right comes under article 32 for the Supreme court and article 226 for the high court.
- It is known as the right to constitutional remedies.
- There are 5 Constitutional Remedies given by the Indian Constitution Habeas Corpus, Certiorari, Prohibition, Mandamus, and Quo Warranto.
Right to Liberty
- According to Article 21: “Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.”
- This fundamental right is available to every person, citizens and foreigners alike.
Right Against Exploitation
- Article 23 of the Indian Constitution prohibits human trafficking and begar (forced labor without payment) to protect the millions of underprivileged and deprived people in the country.
- The right is available to citizens of India as well as to non-citizens.
- The right provides against human trafficking in the form of:
- Selling and buying of men**, women, and children,** Prostitution, Devadasis, and Slavery.
- Prohibition of Child Labour: Article 24 of the Indian Constitution forbids the employment of children below the age of 14 years in dangerous jobs like factories and mines