Rights are an essential constituent of any democracy to make human beings dignified, equal, and free. As India is the largest democracy, a strong legal base of rights has been established in the country under the Indian Constitution. Generally, all these rights can be bifurcated into two heads: Fundamental Rights and Legal Rights. Although both kinds of rights are highly significant in carrying on the administration of any country as well as in law-related matters, they also are quite different in respect of genesis, source, and dispensation. Understanding the differences between Fundamental Rights and Legal Rights is crucial; it is particularly required for the students of law, civil services aspirants, and well-informed citizens.

Are you interested in pursuing a career in Law? The Legal School in collaboration with IndusLaw has created unique programs for a Certification in Mergers & Acquisitions, Private Equity and Venture Capital Laws & Certification in Mergers & Acquisitions for fresh law graduates as well as professionals looking to advance in their careers! Enquire now for details!

What are fundamental rights?

Fundamental rights are found in the Constitution of India under Part III. These rights are deemed necessary for the comprehensive development of individuals so that their liberties and guarantees against arbitrary action by the State are protected. Fundamental rights are available to all citizens without any distinction based on race, religion, caste, or sex.

Features of Basic Rights:

• Guarantee in the Constitution: The Basic Rights are guaranteed by the Constitution and therefore cannot be withdrawn and altered by common enactments.

• Uniform Application: The rights are applied uniformly to all the citizens, which helps to make equality and freedom a universal feature of the country.

• Enforceability: These rights can be enforced directly in the Supreme Court or in the High Courts as per Articles 32 and 226 respectively.

• Fundamental Structure Doctrine: It was held by the Supreme Court in case of Kesavananda Bharati (1973) that Fundamental Rights represent the "basic structure" of the Constitution, which cannot be altered by Parliament.

• Negative and Positive Rights: Fundamental rights impose negative obligation on the state to refrain from certain actions and positive obligations on the state to do certain things for the protection of the rights.

Also, read the difference between article 32 and 226.

What are Legal Rights?

Legal Rights are those rights that are conferred and preserved by specific enactments or statutes of the government. Such rights are not Fundamental Rights, nor do they come under the Constitution. These are subject to legislative alterations in various countries.

Features of Legal Rights: 

• Statutory origin: The origin is statutory, meaning that these rights spring from the laws enacted by the Parliament or state legislatures and do not emanate from the Constitution.

• Differential application: Legal Rights are not guaranteed to every citizen. They can be applied to particular sections of people, communities, or industries, depending upon the will of the law.

• The ordinary Courts: Legal Rights can be invoked in ordinary courts of law, but they do not have direct constitutional safeguards like Fundamental Rights do.

• Amendment and Repeal: Legal Rights can also be amended, modified or repealed under ordinary legislative processes.

• Restricted Scope: These rights are limited to specific matters or fields, such as right to vote, the right to employment under specific circumstances, or the right to award compensation.

Examples of Fundamental Rights

Right to Equality (Articles 14-18): It ensures equal treatment before the law and prohibits any discrimination on grounds of religion, race, caste, sex, or place of birth.

Right to Freedom (Articles 19-22): It grants freedom to individuals to speak, assemble, associate, and move.

Right Against Exploitation (Articles 23-24): It prohibits human trafficking, compulsory labour, or work in hazardous industries involving children.

Examples of Legal Rights

Right to Vote: Conferred by the Representation of the People Act, it is a legal right of the Indian citizen who meets the requirements.

Right to Work: Every rural household has the right to assured employment of at least 100 days under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).

Right to Information: The Right to Information Act, 2005, is enacted to ensure the right to information for citizens so that transparency and accountability in public authorities are ensured.

Check out the difference between constitutional rights and fundamental rights.

Key Differences Between Fundamental Rights and Legal Rights

1. Source: 

Fundamental Rights: Fundamental rights are based on the Constitution, Part III.

Legal rights: Legal rights are based on laws passed by either Parliament or state legislatures. 

2. Applicable: 

Fundamental Rights: Fundamental rights are for all citizens collectively. 

Legal rights: Legal rights may apply to some individuals, or groups or to a situation. 

3. Protection: 

Fundamental Rights: Fundamental rights are part of the "basic structure" of the Constitution and cannot be amended easily.

Legal rights: Legal rights can be amended or even repealed through the ordinary legislative process. 

4. Implementing:

Fundamental Rights: Fundamental Rights can be pressed directly in the Supreme Court or High Courts (Articles 32 and 226).

Legal rights: Legal Rights are operated by the ordinary courts as per statutory law .

5. Nature:

Fundamental Rights: Fundamental Rights are regarded as necessary for human dignity, freedom, and equality.

Legal rights: Legal Rights are statutory and framed in order to avail certain specific legal benefits and rights.

6. Amendability:

Fundamental Rights: Changes in Fundamental Rights require an amendment in the Constitution. Therefore changes are very difficult.

Legal rights: Legal Rights can be amended or be repealed through the procedure of ordinary legislature.

7. Violation Consequence:

Fundamental Rights: Fundamental Rights violations could rise to writ petitions before higher courts for immediate relief.

Legal Rights: Legal rights can be challenged before ordinary courts following normal judicial procedures.

8. Scope:

Fundamental Rights: They are very broad in scope in that they encompass essential freedoms like equality, freedom of speech, and personal liberty.

Legal Rights: Legal rights are narrower in scope and focused on specified areas like voting rights, employment, or property.

9. Examples:

Fundamental Rights: Right to Equality, Right to Freedom, Right against Exploitation.

Legal Rights: Right to Vote, Right to Information, Right to Compensation.

Know CJM full form and about their role, qualifications, etc.

Interrelationship Between Fundamental and Legal Rights

Although the two are marked with clear-cut lines, they do overlap, as a matter of practice, most of the time. For instance, the Right to Education was held to be a legal right initially, but the right was upgraded to the status of a Fundamental Right, through an amendment in the Constitution itself. In a similar fashion, Right to Property was a Fundamental Right initially, but the same was redesignated to be a legal right subsequently.

Furthermore, most Fundamental Rights may be meaningfully exercised only when combined with specific Legal Rights. While the Right of Freedom of Speech is the most articulated of all the Fundamental Rights, on a daily basis, it is mainly exercised through the Right of Information that happens to be a Legal Right. Legal Rights often translate or operationalize Fundamental Rights into practical effectiveness.

Conclusion

Both Fundamental Rights and Legal Rights are essential to protect the individual interests and freedoms. Fundamental rights are very general, constitutively protected, and necessary to preserve the very fabric of democracy in the country while legal rights represent particular, statutory, and more often than not, individual/group centered rights. It is this very difference between them that would allow the citizenry to exercise its rights effectively and obtain redress on time. Together, they form a balanced system of rights that will ensure that justice, equality, and dignity are preserved in society.

Read the difference between municipal law and international law.

Differences Between Fundamental Rights and Legal Rights FAQs

1. What are legal rights?

Rights Under Legal Provisions Rights are conferred by legislation under specific enactments by the Parliament or state legislatures. Since they are not written in the Constitution, the rights may be altered or rescinded through legislation.

2. Can rights under legal provisions be Elevated to Fundamental rights?

Yes, only with certain conditions attached. Thus, the Right to education was, for all practical purposes, initially a legal right through the Right to Education Act of 2009, but it later became a Fundamental Right through the 86th Amendment to the Constitution that introduced Article 21A to the Constitution.

3. Why are Fundamental Rights relevant to India?

Fundamental Rights are vital as they protect the individual from arbitrary action on the part of the state, make provision for equality, provide for the facilitation of freedom, and uphold justice for all citizens.

4. Are legal rights abatable?

Yes, legal rights can be amended or abolished by ordinary legislative methods. They do not enjoy constitutional safeguards and are subject to amendment by the legislation through changes or fresh laws passed by the government.

5. Difference between Fundamental Rights and Legal Rights

Legal rights are provided by some statutory provisions, but they can be varied or abolished through ordinary legislation; fundamental rights are constitutionally guaranteed and the authority of the parliament to abrogate them is dependent on the doctrine of proportionality.