Discussion
Which of these is not a fundamental right?
Answer: D
Correct answer: The right to work
The right to work is not a fundamental right. It appears in Article 41, among the Directive Principles, which requires the State to make effective provision for securing the right to work, to education and to public assistance within the limits of its economic capacity - and is therefore not enforceable in any court. That qualification, within the limits of its economic capacity, is precisely why it could not be made a right: the State cannot be compelled to provide employment it cannot fund. Legislation has nevertheless given it partial effect, most notably the Mahatma Gandhi National Rural Employment Guarantee Act of 2005, which creates a statutory entitlement to a hundred days of wage employment - enforceable as a statutory right, not a constitutional one. The other three are all in Part III: equality in Articles 14 to 18, freedom of religion in 25 to 28, and the right against exploitation in 23 and 24. Note that the right to education, which sat alongside the right to work in Article 41, was later made a fundamental right by the 86th Amendment.
Post your comment
Please log in or register to post a comment.
Examination Categories
- SSC Exams
- Banking Exams
- Teaching Exams
- Civil Services Exams
- Railways Exams
- Engineering Recruitment Exams
- Defence Exams
- State Government Exams
- Police Exams
- Insurance Exams
- Nursing Exams
- Other Government Exams
- NRA CET
- PG Entrance Exams
- Campus Placement
- MBA Entrance Exams
- CUET and UG Entrance
- Judiciary Exams
- Regulatory Body Exams
- Software Development