A right is unenumerated if it is listed in the Constitution. interpreted by the Supreme Court. assumed to be a fundamental right. written as law by a state or federal agency.
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The answer is "assumed to be a fundamental right".
Unenumerated rights are rights which are followed from preexisting legal culture.
They are interpreted by the courts in the same way as enumerated rights.
They are fundamental rights which are not listed in the constitution.
The unenumerated rights are not written as law but are implied as law.
Examples
Right to privacy,
Right to marry or not marry,
Right to travel.
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A right is ‘unenumerated’, if it has been assumed to be a “fundamental rights”.
Explanation:
- This right is different fundamental rights which are listed in Constitution. Unenumerated right are legal rights but aren’t themselves expressly coded or "enumerated" among the law of the explicit writ.
- From the “Article 21 of Indian constitution” deals with the ‘Right to life and Right to personal Liberty’. According to this article- “Not any person can be ‘deprived of his full life’ or any personal liberty except which is ‘according to the procedure’ established by the law.”
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