Consider the following statements about legal right and a fundamental right 1 The legal rights...........

Indian Polity Fundamental Rights

Consider the following statements about legal right and a fundamental right:

1. The legal rights are protected by an ordinary law, but they can be altered or taken away be the legislature by changing that law.

2. On violation of legal rights the person can move to an ordinary court, but if a fundamental right is the affected the person may move to High court or Supreme Court

Which among the above statements is/ are correct?

Only 1 is correct

Only 2 is correct

Both 1 and 2 are correct

Neither 1 nor 2 is correct

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Explanation:

The legal rights are protected by an ordinary law, but they can be altered or taken away be the legislature by changing that law. Fundamental Rights are protected and guaranteed by the Constitution and they cannot be taken away by an ordinary law enacted by the legislature. If a legal right of a person is violated, he can move to an ordinary court, but if a fundamental right is violated the Constitution provides that the affected person may move to High court or Supreme Court. Best example of legal right is Rights to Property, which was a fundamental right before 1978. The Constitution (Forty-fourth Amendment) Act, 1978, taken away the Right to property (Article 31) as a Fundamental Right and was made a legal right under new Article 300 A.