Arohi Publications
Fundamental Rights and Legal Rights in the Indian context:
| Aspect | Fundamental Rights | Legal Rights |
|---|---|---|
| Definition | Rights guaranteed by the Constitution to all citizens. | Rights granted by ordinary laws or statutes passed by the legislature. |
| Source | Derived from the Constitution of India, mainly Part III. | Derived from statutes, government regulations, or judicial decisions. |
| Enforceability | Can be enforced directly in a court of law, often through writs under Articles 32 and 226. | Can be enforced in court only if provided by law; if a law does not exist, the right may not be enforceable. |
| Nature | Inalienable and inherent; belong to every individual by virtue of being human/citizen. | Created by law; may be temporary, conditional, or limited. |
| Scope | Limited and specific, e.g., Right to Equality, Freedom of Speech, Right to Life. | Can be wide-ranging, covering contracts, property, labor, consumer rights, etc. |
| Amendability | Cannot be easily amended; requires constitutional amendment, often with special procedure. | Can be modified, repealed, or extended by simple legislative action. |
| Purpose | Protect citizens from arbitrary state action and ensure fundamental freedoms. | Protect citizens in their daily legal, social, and economic activities. |
| Examples | Right to Equality (Article 14), Right to Freedom of Speech (Article 19), Right to Constitutional Remedies (Article 32). | Right to Education (under RTE Act), Right to Compensation under Motor Vehicle Act, Right to Minimum Wages. |
