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Difference Between Constitutional Rights and Fundamental Rights
The Constitution of India came into existence in 1950 while recognizing some vital rights of its citizens against the state and since then there have been more than hundred amendments to the Constitution, however, its essence and spirit are alive. The Constitution categories two types of rights which are named as Fundamental Rights and Constitutional Rights.
The distinction is remarked on the basis of the significance and need of these rights in the country along with a necessary mechanism for their proper implementation and enforcement by the state machinery.
What is the meaning of Constitutional Rights?
There are some specified rights in different parts of the Constitution which are granted to the citizens of the country as they are essential for achieving the objectives of the Constitution itself. Though these rights are not given the same amount of protection as the Fundamental Right, nevertheless their relevance is not diluted by any reason so far in the seven decades.
Further, these rights are not only granted to the citizens against the state but also to numerous constitutional functionaries for the effective discharge of their duties. Moreover, these rights have been almost the same since the 1950s despite a critical alteration, although these constitutional rights demonstrate the necessity of their strict exercise to complete the purpose of their insertion.
What is the meaning of Fundamental Rights?
Fundamental Rights are those rights which are granted by the Constitution and recognized by the judiciary while interpreting the Articles 14 to 32 within the confines of Part – III. There are primarily seven fundamental rights as codified in the Constitution of India although the Supreme Court and the High Courts have also recognized several other fundamental rights as well which constitute the core of these rights. Further, these rights are called fundamental as they are vital to the life of an individual because in their absence an individual does not even have a life.
Additionally, these rights are considered sacrosanct as they form a crucial part of the basic structure doctrine of the Indian Constitution, consequently, an amendment of the Constitution can amend them in entirety but cannot abrogate their essence. Further, their violation is a gross constitutional abuse, therefore, it is made a fundamental right for their protection to directly approach the higher judiciary for instant enforcement.
Difference Between Constitutional Rights and Fundamental Rights
The given table defines the crucial distinction between the Constitutional Rights and the Fundamental Rights −
Basis |
Constitutional Rights |
Fundamental Rights |
|---|---|---|
Definition |
A right which is not included in Part III but is inserted in the Constitution is a Constitutional Right. |
A right which is recognized by the Constitution as a Fundamental Right under Part III. |
Beneficiary |
The Constitutional Rights are granted to the Citizens and Constitutional Functionaries of the Country. |
The Fundamental Rights are granted to individuals, citizens and legal persons as well. |
Authoritative Value |
Constitutional Rights have a significant amount of relevance in the Constitution, although not all of them form part of the Basic Structure. |
Fundamental Rights are the essential to the rule of law therefore forms the parts of the Basic Structure of the Constitution. |
Enforceability |
A Constitutional Right can be made enforceable by any court of the country. |
A Fundamental Right can be made enforceable either by the High Court or the Supreme Court directly under Articles 226 and 32. |
Examples |
Right to Vote; Right to Property; Right to Citizenship; Rights of constitutional functionaries including President, Governor, Ministers, Attorney General, Advocate General, Judges, CAG among others with respect to their offices and duties. |
Right to life and liberty; Right to freedom of speech and expression; Right to equality; Right to freedom of religion; Right against exploitation; Rights of minorities; Right to education. |
Conclusion
All the Fundamental Rights are Constitutional Rights but not all the Constitutional Rights have the status of Fundamental Rights. There exists a difference between the two which seems reasonable as not all the rights are as essential as the fundamental rights which provides the atmosphere of growth and ensures basic necessities of a dignified life to all the individuals. Henceforth, the distinction is vital to maintain an equilibrium in order to safeguard the critical interests of society in contrast to individual demands.
Frequently Asked Questions
What is the difference between constitutional rights and natural rights?
Natural rights are granted to individuals by nature or God, whereas constitutional rights are the services, opportunities, and privileges offered by the state to all. Natural rights are fundamental, natural, and necessary for humans, whereas constitutional rights are specific and legally enforceable.
What is the main difference between Fundamental Rights and Fundamental Duties?
The fact that fundamental rights are not unalienable and are subject to reasonable limitations distinguishes them from fundamental duties in a significant way. The nature of Fundamental Duties is absolute. During a national emergency, fundamental rights can be suspended but not fundamental duties.
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