Which of the following is/are NOT a non-justifiable right?
1. Right to work
2. Equal pay for equal work (for men and women)
3. Right to education
Select the correct answer using the codes given below.

Correct option is C

The correct answer is (C) Only 3.

Explanation:

• Non-justiciable rights are those that cannot be legally enforced by the courts. In the Indian Constitution, the Directive Principles of State Policy (DPSPs), outlined in Part IV, are non-justiciable.

• Justiciable rights are legally enforceable through the courts. The Fundamental Rights, found in Part III of the Constitution, are justiciable.

• Right to work is mentioned in Article 41, a DPSP, making it non-justiciable.

• Equal pay for equal work (for men and women) is stated in Article 39(d), a DPSP, making it non-justiciable.

• Right to education was formerly a DPSP but was made a Fundamental Right under Article 21A by the 86th Constitutional Amendment Act, 2002. This makes it justiciable, meaning it is not a non-justiciable right.

Information Booster:

• The 86th Amendment Act of 2002 inserted Article 21A, which mandates the state to provide free and compulsory education for all children between the ages of 6 and 14 years.

• This amendment also modified Article 45 and added a new clause (k) to the Fundamental Duties under Article 51A.

• While the Right to Work and Equal Pay remain as DPSPs, their constitutional importance has been highlighted by the Supreme Court. For example, the court has ruled that equal pay for equal work is a constitutional goal that is implicitly linked to the fundamental right to equality (Article 14) and equal protection under law (Article 16), which makes it a more enforceable principle than a simple DPSP.

Additional Knowledge:

• Directive Principles of State Policy (DPSPs): These are constitutional guidelines for the government to create a just society but are not directly enforceable in courts.

• Fundamental Rights (FRs): These are basic human rights guaranteed by the Constitution, and citizens can approach the Supreme Court (Article 32) or High Courts (Article 226) for their enforcement if they are violated.