The rights that citizens in a democratic country like India are accorded comprise certain freedoms, dignity, and security guaranteed to them. These are provided under the Constitution of India and therefore form an extremely basic core component of India's democracy. In many instances, people wrongly use "Constitutional Rights" and "Fundamental Rights," as if the expressions are the same thing. Although both these kinds of rights are conferred by the Constitution, these bear differences in scope, nature, and judicial enforceability.
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What are constitutional rights?
Constitutional rights are all those rights derived through the provisions of the Constitution of India. These include not only fundamental rights but also several other rights, as mentioned in different parts of the Constitution. The term 'Constitutional Rights' is a more comprehensive word and includes a lot of rights, such as Fundamental Rights, Directive Principles of State Policy, and many more legal rights created by various articles.
Examples of Constitutional Rights:
Right to vote: Article 326 states that every citizen above 18 is entitled to a right to vote in an election.
Right of Property: Article 300A states that every citizen is entitled to acquire, hold, and dispose of property; however, it has not been considered a fundamental right.
Right to contest elections: Eligible citizens are allowed to stand for public office.
Right to Government Employment: People have a right to get employment from the government.
Right to Education—Article 21A: Every child between the age group of 6-14 years has the right to get free, and compulsory education.
Key Features of Constitutional Rights:
They encompass a wide range of rights, which range from legal rights to fundamental rights.
They are amendable or alterable by altering the legislature.
Constitutional Rights not always judicially enforceable and judicial enforceability depends upon the kind of right.
Constitutional Rights Violation can be moved to a High Court or Supreme Court, but not all promise direct judicial remedies.
They cater to specific provisions related to social justice, governance, and administration.
Also, read the difference between fundamental rights and DPSP.
What Are Fundamental Rights?
Fundamental Rights is a category of particular rights within the Indian Constitution that comes under Part III from Articles 12 to 35. Such rights are essential for human growth, and one can bring such cases in a court of law. Fundamental Rights are therefore termed as "basic rights" under citizens because they protect against any arbitrary action on the part of the state that the state itself enforces.
Examples of Fundamental Rights
Right to Equality—Article 14: People are equal before the law, and the law gives equal protection to them.
Right of Freedom of Speech and Expression (Article 19): The citizens have the right to express their opinions freely.
Right to Freedom from Forced Labour (Articles 23 and 24): It prevents human trafficking and Child labour.
Right to Freedom of Religion (Articles 25-28): Freedom to practice, profess, and propagate their religion subject to certain limitations.
Right to Constitutional Remedies (Article 32): The citizen can approach the Supreme Court for enforcement of the Fundamental Rights.
Key features of Fundamental Rights:
Fundamental Rights are regarded as inalienable and can be made enforceable by courts.
They provide protection mainly against state action and are meant to protect individual liberty.
Violation of Fundamental Rights can be directly brought before the High Courts or the Supreme Court of India.
The protection given to Fundamental Rights is much greater and cannot be interfered with by the state, almost in a manner where the state has its hands tied down
These rights cannot be so amended or taken away to displace them from the Constitution, but reasonable restrictions can be imposed in particular circumstances.
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Difference Between Constitutional Rights and Fundamental Rights
Constitutional rights and fundamental rights, though conferred in the Indian Constitution, are different in scope, nature, and enforceability. Whereas constitutional rights form a broad spectrum of legal protection, fundamental rights are critical liberties safeguarding the individual from state action. A comparison of both categories is given below in points:
1. Definition:
Constitutional Rights: Rights based on different provisions of the Constitution.
Fundamental Rights: Those rights that are contained in Part III specifically.
2. Scope:
Constitutional Rights: Those rights which are broad and include legal, social, administrative, etc.
Fundamental Rights: Narrower, focused on individual freedoms, and protection against state action.
3. Judicial Enforceability:
Constitutional Rights: Not always enforceable directly through the courts of law.
Fundamental Rights: Always possible to seek enforcement through courts, especially under Articles 32 and 226.
4. Judicial Remedies:
Constitutional Rights: May not have direct remedies at all times in case of violation.
Fundamental Rights: Can be challenged directly in the Supreme Court or High Courts.
5. State Involvement:
Constitutional Rights: Both individual rights and state-granted rights are included, such as the right to vote.
Fundamental Rights: Primarily protect a person from being governed arbitrarily by the state.
6. Amendability:
Constitutional Rights: Easier to amend by the Parliament
Fundamental Rights: Difficult to amend, as this is subject to the basic structure doctrine of the Constitution
7. Nature of Rights:
Constitutional Rights: can either be positive, wherein rights are given, or it can be negative, wherein obligation is imposed.
Fundamental Rights: They are significantly negative, constituting protection against the powers of the government.
8. Examples:
Examples of Constitutional Rights: Right to vote under Article 326 and Right to property under Article 300A.
Example of Fundamental Rights: Right to Equality under Article 14 and Right to Freedom of Speech under Article 19
9. Protection Focus:
The Focus of Constitutional Rights is on legal and social protection and good governance.
The Focus of Fundamental Rights is on protection of individual liberty and personal freedom.
10. Enforcement Authority:
Constitutional Rights are enforced either through legislation or judicial intervention
Fundamental rights are mainly enforced through judicial intervention by courts.
AspectConstitutional RightsFundamental RightsDefinitionRights derived from various provisions of the Constitution.Basic rights explicitly mentioned in Part III of the Constitution.ScopeBroader, includes Fundamental Rights, Directive Principles, etc.Narrower, focuses on essential individual freedoms.EnforceabilityMay not always be enforceable directly in courts.Directly enforceable through courts, especially the Supreme Court.Judicial RemediesMay or may not have direct remedies in case of violation.Violation can be challenged directly under Article 32 and 226.NatureCan include legal, social, and administrative rights.Fundamental Rights focus on individual liberties and protection.State InvolvementGovern both state actions and administrative decisions.Mostly protect individuals from arbitrary state actions.AmendabilityCan be amended relatively easily by Parliament.Amended only through special procedures, subject to basic structure doctrine.ExamplesRight to vote, Right to education, Right to property, etc.Right to equality, Right to freedom, Right to religion, etc.
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Conclusion
Whereas both Constitutional Rights and Fundamental Rights are essential to safeguard individuals and prevent the abuse of democracy, they differ in their nature, scope, and enforceability. Fundamental rights provide more protection against excessive state action and can be enforced directly by courts as the most important component of the constitution. On the other hand, a whole range of provisions and legal rights that guarantee the smooth running of society and governance falls under constitutional rights.
Understanding these differences is the need of the hour for anybody interested in law, governance, or civil rights, as these points outline the scope of state authority and, above all, protect the civil liberties of citizens.
Difference Between Constitutional Rights and Fundamental Rights FAQs
1. What are constitutional rights?
The rights provided by the Indian Constitution include legal, administrative, and social rights that might or might not be judicially enforceable. It forms part of the Constitution.
2. What are fundamental rights?
Fundamental rights are those enshrined in part III of the Indian Constitution. They include the basic or core rights that comprise freedom of speech and expression, freedom of speech and assembly, the right to equality, the right to the life and liberty of an individual, and the right to freedom.
3. Do Constitutional Rights mean the same as Fundamental Rights?
No, Constitutional Rights tend to be the general rights and include all the rights under the constitution, while Fundamental Rights is an outright form of rights granted towards individual liberty and protection.
4. Are Constitutional Rights amendable?
While it is obviously easier for Parliament to amend Constitutional Rights, Fundamental Rights can hardly be amended owing to their basic nature.
5. What are the implications if fundamental rights are violated?
The Fundamental Rights can be directly approached in the Supreme Court or High Courts for enforcement under Articles 32 and 226.
