Fundamental rights Vs other constitutional rights

Difference between fundamental rights and rights secured by other provisions of the Constitution

There are a few justiciable rights provided by our Constitution outside Part III i.e. Fundamental rights.

Limitations upon the State are imposed by other provisions of the Constitution and these limitations give rise to corresponding rights to the individual to enforce them in a court of law if the executive or the legislature violates any of them.

I. Art. 265 - no tax shall be levied or collected except by authority of law.

v  This provision confers a right upon an individual not to be subjected to arbitrary taxation by the executive, and if the executive seeks to levy a tax without legislative sanction, the aggrieved individual may have his remedy from the courts.

II. Art. 300A - person not to be deprived of property save by authority of law.

III. Similarly, Art. 301 says  that subject to the provisions of this part, trade, commerce and intercourse throughout the territory of India shall be free.

v  If the legislature or the executive imposes any restriction upon the freedom of trade or intercourse which is not justified by the other provisions of Part XIII, the individual who is affected by such restriction may challenge the action by appropriate legal proceedings.

Distinctions

Fundamental rights and rights arising out of the limitations contained in the other parts which are equally justiciable :-

1. The constitutional remedy by way of an application direct to the Supreme Court under Art. 32 is available only in the case of fundamental rights.

2. If the right follows from some other provision of the Constitution, say, Art. 265 or Art. 301, the aggrieved person may have his relief by an ordinary suit or by an application under Art. 226 to the high court.