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As a citizen of India, you are endowed with certain basic rights and freedoms that are guaranteed by the Constitution of India. These are known as fundamental rights. They are meant to promote values of liberty, equality and fraternity. But you also have certain other rights under various laws such as the right to property, right to vote etc. These are called legal rights. While fundamental rights are inalienable and available to all citizens, legal rights are granted by law and differ based on factors like age, gender etc. In this article, you will explore the key differences between fundamental rights and legal rights in India. The discussion will enable you to gain clarity on the scope and extent of the rights you can exercise as an Indian citizen.
Defining Fundamental Rights in the Indian Constitution
Fundamental Rights are the basic rights granted to all Indian citizens for the development of their full personality through the Indian Constitution. They are defined in Part III (Articles 12 to 35) of the Constitution and are enforceable by the Supreme Court and High Courts of India.
Right to Equality
This includes equality before the law and equal protection of laws, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of public employment. It aims to make India a secular state.
Right to Freedom
This includes six freedoms: speech and expression, assembly, association or union, movement, residence, and profession or occupation. These freedoms are essential for an individual to develop their personality and intellect.
Right Against Exploitation
This prohibits human trafficking, forced labor, and employment of children under 14 years of age in hazardous jobs. It aims to protect the most vulnerable sections of citizens from exploitation.
Right to Freedom of Religion
This includes freedom of belief, faith and worship; and the right to establish, maintain and manage religious institutions. India is a diverse, multi-religious society, so this right is essential to protect citizens’ religious rights.
Cultural and Educational Rights
These include the right to conserve distinct language, script or culture, and the right of religious and linguistic minorities to establish and administer educational institutions of their choice. They aim to protect India’s cultural diversity.
Right to Constitutional Remedies
This includes remedies for the enforcement of the fundamental rights, such as writ petitions. Citizens can move courts to get their fundamental rights enforced.
Fundamental rights aim to protect citizens’ civil liberties and basic human rights, enabling them to live with dignity. They apply universally to all citizens, regardless of their social or economic status.
Legal Rights Provided by Laws in India
The Constitution of India guarantees certain fundamental rights to citizens that are essential for their development and welfare. However, there are other rights provided by various laws and statutes to safeguard citizens’ interests. These are known as legal rights.
Right to Information
The Right to Information Act, 2005 gives citizens the right to access information held by public authorities to promote transparency and accountability. Citizens can request information by filing an RTI application and the relevant public information officer is required to provide the information within 30 days.
Consumer Rights
The Consumer Protection Act, 2019 aims to protect consumers from unfair trade practices and ensure that products meet certain quality standards. It provides six consumer rights – the right to safety, information, choice, representation, redressal and consumer education. Consumers can file complaints against manufacturers and sellers in consumer courts to seek compensation.
Right to Education
The Right of Children to Free and Compulsory Education Act, 2009 guarantees free and compulsory education to all children between the ages of 6 to 14 years. It makes education a fundamental right of every child and ensures access to elementary education for all children. Schools have to provide infrastructure and teachers as per the norms specified in the Act.
Workers’ Rights
Various labour laws such as the Minimum Wages Act, 1948, Payment of Wages Act, 1936, Equal Remuneration Act, 1976, etc. aim to protect the rights of workers. They provide rights such as fair wages, regulated working hours, safe working conditions, and protection from unfair dismissal or discrimination. Workers can approach labour courts and tribunals to file complaints against employers for violation of their rights.
The legal rights aim to protect citizens’ interests in specific areas such as consumer protection, education, information, labour, etc. They are granted by laws passed by the Parliament and state legislatures. Citizens can use the prescribed legal mechanisms to enforce these rights. Fundamental rights, on the other hand, are guaranteed by the Constitution to all citizens and provide more general protections.
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Key Differences Between Fundamental Rights and Legal Rights
Fundamental rights and legal rights are two types of rights granted to citizens in India. However, there are some key differences between them.
Source
Fundamental rights are guaranteed by the Constitution of India and aim to protect citizens against the state. Legal rights, on the other hand, emerge from legislations and policies enacted by the Parliament and state legislatures.
Nature
Fundamental rights are inherent and natural rights that belong to all citizens irrespective of their gender, caste, religion or race. Legal rights are statutory rights created by laws. Fundamental rights apply uniformly throughout India, while legal rights may vary across states.
Enforcement
Violation of fundamental rights can be challenged in a court of law. The courts can issue writs to enforce fundamental rights. Legal rights can also be enforced through courts, but the procedure and remedies available may differ.
Limitations
Reasonable restrictions can be imposed on fundamental rights in the interests of public order, decency or morality. Legal rights can be restricted through amendments in laws. Fundamental rights are permanent, while legal rights can be modified or repealed by legislatures.
Examples
Some examples of fundamental rights are right to equality, right to freedom of speech and expression, and right to life. Examples of legal rights include right to education, right to information, rights of workers, rights of consumers, etc. These are created through legislations like Right to Education Act, Right to Information Act, labor laws and consumer protection laws.
In summary, while both fundamental rights and legal rights aim to protect citizens, fundamental rights are inherent rights guaranteed by the Constitution, whereas legal rights emerge from legislations and policies. Fundamental rights provide a broad framework for protecting citizens’ interests, within which legal rights operate.
List of Fundamental Rights in India
Fundamental rights are the basic rights of citizens enshrined in the Constitution of India. They ensure the development of the individual personality of citizens and dignity of the individual. They cannot be taken away or curtailed by the legislature or executive. Article 12 to 35 of the Indian Constitution lists the fundamental rights of citizens.
Right to Equality
Article 14 to 18 of the Constitution guarantees the right to equality to all citizens. It ensures equal treatment under the law and equal protection by the laws. It abolishes discrimination on the grounds of religion, race, caste, sex, or place of birth.
Right to Freedom
Articles 19 to 22 enshrine the right to freedom of speech and expression, assembly, association, movement, residence and profession. However, these rights are not absolute and restrictions can be imposed on the grounds of security of the State, public order, decency or morality.
Right against Exploitation
Articles 23 and 24 prohibit human trafficking, forced labor, and employment of children below 14 years in hazardous occupations. These rights aim to protect citizens from exploitation.
Right to Freedom of Religion
Articles 25 to 28 guarantee the freedom of conscience, profession, practice and propagation of religion to all citizens. However, this right is subject to public order, morality and health. The State can also regulate economic, financial, political or other secular activities associated with religious practice.
Cultural and Educational Rights
Articles 29 and 30 confer cultural and educational rights on citizens. Minorities have the right to conserve their language, script and culture. They are free to establish and administer their own educational institutions.
Right to Constitutional Remedies
Article 32 guarantees the right to move the Supreme Court for enforcement of fundamental rights. The Supreme Court can issue various writs for the restoration of fundamental rights.
In summary, fundamental rights aim to protect the dignity of individuals and create conditions for the free development of personality. They are justiciable, allowing citizens to move court for their enforcement. Fundamental rights apply equally to all citizens regardless of their gender, caste, religion or place of birth.
Examples of Legal Rights for Citizens
As citizens of India, you are entitled to certain legal rights that uphold your basic civil liberties and protect you under the law. Some of the key legal rights you possess include:
Right to Equality
As per Article 14 of the Constitution, all citizens shall be equal before the law. This means that the State cannot discriminate against any citizen on the grounds of religion, race, caste, sex or place of birth. All citizens have equal access to public places like shops, hotels, places of entertainment, wells, tanks, bathing ghats, roads, playgrounds, etc.
Right to Freedom
Article 19 of the Constitution guarantees citizens the right to freedom, subject to certain restrictions. This includes the right to freedom of speech and expression, assemble peaceably without arms, form associations or unions, move freely throughout the territory of India, reside and settle in any part of the territory of India, and practice any profession or carry on any occupation, trade or business.
Right to Vote
All citizens above the age of 18 have the right to vote and elect their political representatives. The Indian constitution establishes a democratic republic with universal adult franchise. Citizens can choose their candidates and political parties and vote without any fear or favour.
Right to Education
The right to education ensures that every child between the ages of 6 to 14 years has access to free and compulsory education. This fundamental right aims to provide primary education to all children and make education more accessible to disadvantaged groups. Citizens have the right to education in any educational institution maintained by the State or receiving aid out of State funds.
To conclude, legal rights define the relationship between citizens and the State, and place certain obligations on both parties. By understanding your legal rights, you can advocate for yourself and work with the government to build a just, equitable and progressive society. Exercising these rights also strengthens India’s democratic principles and values.
Fundamental Rights vs Legal Rights: Enforcement and Protection
Fundamental Rights are the essential, inviolable rights of all citizens enshrined in the Constitution. They are enforceable by the courts. Legal Rights refer to the rights of citizens established by legislation and judicial precedents. They derive their authority from laws and statutes.
Fundamental Rights are conferred and guaranteed by the Constitution. They aim to protect the dignity and liberty of individuals from arbitrary restrictions by the State. They include Right to Equality, Right to Freedom, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies. Any law that violates Fundamental Rights can be declared unconstitutional and void by the courts.
Legal Rights, on the other hand, depend upon the provisions of statutes and laws. They are created by Parliament or State Legislatures and can be modified or repealed by them. Examples of Legal Rights include property rights, contractual rights, rights of workers, etc. They aim to establish a rule of law in the country and regulate relationships between individuals and the State.
The enforcement of Fundamental Rights is stronger than Legal Rights. The Supreme Court has the power of judicial review to examine the constitutional validity of laws and executive orders. It can strike down any law that infringes upon Fundamental Rights. Legal Rights, however, can only be enforced through ordinary legal processes and courts cannot review statutes that violate them.
In summary, while both Fundamental Rights and Legal Rights aim to protect individuals, the former enjoys pre-eminence due to its constitutional status. Fundamental Rights are essential for the all-round development of citizens but Legal Rights are also important to regulate the day-to-day relationships in society. Together, they strengthen the democratic framework of the country.
Challenging the Violation of Fundamental Rights
As a citizen of India, you have certain inalienable rights guaranteed under the Constitution, known as fundamental rights. These rights aim to protect individuals from potential abuse of power by the government and safeguard civil liberties and basic human rights. Some examples of fundamental rights include the right to equality, freedom of speech and expression, freedom of religion, cultural and educational rights, and the right to constitutional remedies.
However, there may be instances where you feel your fundamental rights have been violated or infringed upon. In such cases, you have the right to challenge the violation through legal means. The Constitution provides several avenues to protect your fundamental rights, including:
- Filing a writ petition in the Supreme Court or High Courts under Article 32 and 226. This allows citizens to file a petition seeking enforcement of their fundamental rights. The courts can issue writs to enforce these rights by striking down unconstitutional laws or stopping unconstitutional executive actions.
- Approaching the State Human Rights Commissions or the National Human Rights Commission. These statutory bodies have the power to investigate violations of human rights and fundamental freedoms. They can recommend prosecution and award compensation.
- Filing a public interest litigation (PIL) in the Supreme Court or High Courts. PILs can be filed by any person or social organization on behalf of underprivileged sections of society unable to approach the courts themselves. The courts can issue directives to protect the rights of marginalized groups.
- Reporting the matter to the State Minorities Commission if the violation involves minority rights. The Commission is empowered to investigate such matters and suggest remedial action to the government.
- As a last resort, citizens can exercise their right to peaceful protest and civil disobedience to raise awareness about the violation of their rights, though this involves risks and legal consequences.
By understanding the avenues available to protect your fundamental rights, you can play an active role in upholding the democratic principles enshrined in the Constitution. However, it is important to exercise these rights judiciously and refrain from frivolous litigation. Fundamental rights come with certain reasonable restrictions, and it is unethical to misuse constitutional remedies for unlawful gains or harassment.
Expanding Legal Rights Through Public Interest Litigation
Public Interest Litigation (PIL) refers to litigation filed in a court of law for the protection of public interest. In India, the scope of PIL has been expanded through judicial activism to protect the basic rights of citizens and uphold the rule of law. Through PIL, the judiciary has broadened the locus standi, allowing any public-spirited citizen or organisation to approach the court seeking legal remedy in cases where public interest is at stake.
The judiciary has encouraged PIL to provide access to justice for disadvantaged sections of society. By relaxing procedural requirements like locus standi and allowing letter petitions, the judiciary has made itself more accessible to citizens seeking to assert fundamental rights. PIL has enabled citizens to hold the government and its agencies accountable and address issues of environmental protection, human rights violations, corruption, and the interests of marginalised groups.
However, some critics argue that PIL can be misused for political and personal gains. There is also a risk of the judiciary encroaching into the domain of the executive and the legislature. Guidelines on PIL have aimed to prevent frivolous litigation and strike a balance between access to justice and separation of powers. The onus is on the courts to carefully scrutinise PILs to determine if there is a genuine public interest involved before admitting a petition.
PIL has strengthened Indian democracy by empowering citizens and expanding the scope of fundamental rights. When exercised responsibly by citizens and the judiciary, PIL can be a powerful mechanism to uphold constitutional values and protect the rights of the disadvantaged and marginalised sections of society. Overall, PIL has immense potential to positively impact the lives of citizens through an equitable and just social order.
FAQs on Fundamental Rights and Legal Rights in India
Fundamental rights are the basic rights guaranteed to citizens by the Constitution of India, regardless of race, place of birth, religion, caste, creed, or sex. They are enforceable by the courts, subject to reasonable restrictions. Legal rights, on the other hand, are those rights conferred upon citizens through legislation passed by the Parliament and state legislatures.
Some frequently asked questions on fundamental rights and legal rights in India are:
The fundamental rights granted to citizens of India include:
Right to Equality: Equal treatment and equal protection by the law. It prohibits discrimination on the grounds of religion, race, caste, sex or place of birth.
Right to Freedom: Includes freedom of speech and expression, assemble peaceably and without arms, form associations or unions, move freely throughout the territory of India, reside and settle in any part of the territory of India, and practice any profession or carry on any occupation, trade or business.
Right against Exploitation: Prohibits human trafficking, forced labor, and employment of children in hazardous jobs.
Right to Freedom of Religion: Allows citizens to profess, practice and propagate religion of their choice.
Cultural and Educational Rights: Minorities have the right to conserve their language, script and culture. Primary education shall be provided in the mother tongue.
Right to Constitutional Remedies: Enables citizens to move court to enforce their fundamental rights.
Some important legal rights of citizens include:
Consumer Rights: Right to safety, information, choice, representation, redress, consumer education and right to healthy environment.
Right to Information: Right to access information held by public authorities to promote transparency and accountability.
Environmental Rights: Right to clean air, water, and environment and protection from environmental pollution.
Property Rights: Right to acquire, hold and dispose of property. Right against arbitrary deprivation of property.
Rights of Workers: Right to fair wages, decent working conditions, social security, maternity relief, and right against unfair labor practices.
In summary, while fundamental rights are guaranteed by the Constitution, legal rights are granted through legislation. Both aim at protecting the rights and interests of citizens, though fundamental rights are enforceable in courts whereas legal rights may depend on the appropriate government bodies for enforcement.
Conclusion
As we have seen, fundamental rights are the basic human rights of citizens that are enshrined and guaranteed by the constitution of India. These rights protect the dignity and freedom of all individuals against the state. In contrast, legal rights arise from the statutes and legislation enacted by parliament and state legislatures. While legal rights aim to regulate relationships between people and provide remedies, they remain subject to reasonable restrictions imposed by the state. Fundamental rights are sacrosanct and cannot be abridged except in rare circumstances. Understanding the distinction between these two types of rights allows citizens to fully appreciate the protections afforded to them and to be vigilant in safeguarding their fundamental freedoms. With this knowledge, you can play an active role in strengthening India’s constitutional democracy.
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