What is difference between fundamental right and constitutional right?

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If a legal right of a person is violated, he can move to an ordinary court, but if a fundamental right is violated the Constitution provides that the affected person may move to High court or Supreme Court. ... Fundamental rights are protected against invasion by the executive, legislature and the judiciary.

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Fundamental Rights vs Constitutional Rights: Understanding the Differences

While both fundamental rights and constitutional rights are guaranteed by the Constitution of a country, there are some key differences between the two. Here's a breakdown of what sets them apart:

Definition: Fundamental rights are a subset of constitutional rights that are considered to be essential for the protection of individual liberties. They are explicitly mentioned in the Constitution and cannot be taken away by the government under any circumstances. Constitutional rights, on the other hand, refer to all the rights that are enshrined in the Constitution, including both fundamental and non-fundamental rights.

Scope: Fundamental rights are narrow in scope and apply only to a specific set of rights such as equality, freedom of speech, etc. Constitutional rights, on the other hand, are far-reaching and cover a wide range of rights and freedoms, including those that are not explicitly mentioned in the Constitution.

Enforcement: Fundamental rights are enforceable by the courts, which can strike down any law or executive action that violates them. Constitutional rights, on the other hand, are generally enforced through the political process, with the courts playing a more limited role.

Amendment: Fundamental rights are difficult to amend, and any changes to them require a special majority in Parliament or a referendum. Constitutional rights, on the other hand, can be amended through the regular amendment process, which typically requires a simple majority in Parliament.

Origin: Fundamental rights are usually derived from the natural law, which holds that certain rights are inherent to all human beings. Constitutional rights, on the other hand, are a product of the political process and reflect the values and beliefs of the society that enshrines them in the Constitution.

In summary, while fundamental rights and constitutional rights are closely related, they are not interchangeable. Fundamental rights are a subset of constitutional rights and are considered to be essential for the protection of individual liberties, while constitutional rights refer to all the rights that are enshrined in the Constitution. Understanding the differences between the two can help you better appreciate the importance of both in protecting the rights and freedoms of citizens.

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👉 Rights are the source of all rights, whereas Constitutional rights are legal rights.Certain rights like right to freedom of press, right to information, and right to education are derived from the Fundamental Rights.

👉 Constitution provides many more rights, which may not be Fundamental Rights.For example the right to property is not a Fundamental Right but it is a constitutional right. Right to vote in elections is an important constitutional right.

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Rights in the constitution of India that are not fundamental rights are called constitutional rights. Some rights which are fundamental to our life are given a special status. They are called fundamental rights

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Answer

All fundamental rights are constitutional rights but all constitutional rights are not fundamental rights.

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