Understanding Fundamental Rights in India

Fundamental Rights are a set of rights guaranteed by the Constitution of India. These rights are essential for the overall development of individuals and are enforceable by the courts. They are enshrined in Part III of the Constitution, from Article 12 to Article 35.

Let's examine each option to determine which one does not represent the exercise of a fundamental right.

Analyzing the Given Options

We need to assess whether each scenario described in the options involves an action protected or enabled by the Fundamental Rights provided in the Indian Constitution.

• Seeking employment of Bihari labourers in Punjab: This relates to the freedom to move throughout the territory of India and to reside and settle in any part of the territory of India (Article 19(1)(d) and (e)). It also concerns the right to practice any profession, or to carry on any occupation, trade or business (Article 19(1)(g)). Furthermore, discrimination based on place of birth is prohibited (Article 15). Seeking employment in a different state involves exercising these freedoms and rights.
• Establishing mission school by Christian missionaries: This is a clear exercise of rights guaranteed to minorities. Article 30 of the Constitution states that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. Christian missionaries, being a religious minority, establishing a school falls directly under this fundamental right.
• Getting the same salary by men and women working on same position: This relates to the principle of equality and non-discrimination. Article 14 guarantees equality before the law and equal protection of the laws. Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. Article 16 guarantees equality of opportunity in matters of public employment and prohibits discrimination on grounds of sex, among others. While equal pay for equal work is also a Directive Principle of State Policy (Article 39(d)), the fundamental rights guaranteeing equality and non-discrimination support the idea of equal treatment, including salary, for men and women in the same position, especially in public employment or where discrimination is evident. Exercising the right to non-discrimination in employment terms is linked to fundamental rights.
• Inheriting parental property by the children: The right to property was historically a fundamental right under Article 19(1)(f) and Article 31. However, the 44th Amendment Act, 1978, removed the right to property from the list of fundamental rights. It was re-positioned as a constitutional right under Article 300A, which states that no person shall be deprived of his property save by authority of law. Inheritance of parental property is governed by personal laws (like Hindu Law, Muslim Law, etc.) or succession laws, and while it's a legal right, it is not considered an exercise of a fundamental right under the current constitutional framework.

Conclusion

Based on the analysis, the act of inheriting parental property is not an exercise of a fundamental right as the right to property is no longer a fundamental right in India. The other options describe actions that are related to or are direct exercises of fundamental rights like freedom of movement, right to reside, right to practice occupation, minority rights to establish educational institutions, and the right to equality and non-discrimination in employment.

Therefore, inheriting parental property by the children is not an instance of an exercise of a fundamental right.