Question

Which is not the Private Right

• A. Rights of property
• B. Right of freedom
• C. Rights to Education
• D. All the above

Hint:

Understand the distinction between private law and public law. Private law governs relationships between individuals (contracts, torts, property). Public law governs the relationship between individuals and the state (constitutional law, administrative law, criminal law). Fundamental Rights are a cornerstone of public law.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks to identify which of the given rights is not a "Private Right." In jurisprudence, rights are often classified. Private rights are those that primarily concern individuals and their relationships with other individuals (e.g., rights under a contract, right to property). Public rights are those that concern individuals in their capacity as members of the state (e.g., right to vote, fundamental rights against the state). The options provided are all fundamental rights guaranteed by the Constitution of India.

Step 3: Detailed Explanation:
Fundamental Rights, as enshrined in Part III of the Constitution of India, are rights that are enforceable against the State. They are considered public rights in the sense that they are guarantees by the state to its citizens. Let's analyze the options: - (A) Rights of property: The Right to Property was a fundamental right under Article 31 until it was removed by the 44th Amendment. It is now a constitutional/legal right under Article 300-A, enforceable against the state. - (B) Right of freedom: This refers to the fundamental rights under Article 19 (like freedom of speech, assembly, etc.), which are primarily claims against the state. - (C) Rights to Education: The Right to Education is a fundamental right under Article 21-A, which places an obligation on the state to provide free and compulsory education. Since all these rights are constitutional guarantees primarily enforceable against the state, they are not purely "private rights" in the traditional sense (like a right arising from a private contract). They are public law rights. Therefore, one could argue that none of them are just private rights. The question asks "Which is not the Private Right," and since all of them have a strong public character as fundamental/constitutional rights, "All the above" is the most plausible answer. They are not merely private rights; they are fundamental rights that define the relationship between the citizen and the state.

Step 4: Final Answer:
All the given rights (property, freedom, education) are fundamental or constitutional rights and thus are not purely private rights. Therefore, the answer is All the above.