Case Brief: Balfour v Balfour
1. Definition
a) Fundamental Rights (FRs)
These are basic human rights guaranteed by the Constitution under Part III (Articles 12–35).
They are justiciable, meaning an individual can approach the courts if these rights are violated.
They form the core of liberty, equality, and freedom in a democratic society.
Examples include: Right to Equality (Art. 14), Right to Freedom of Speech (Art. 19), Right to Constitutional Remedies (Art. 32).
b) Constitutional Rights (CRs)
Constitutional Rights include all rights provided by the Constitution, including Fundamental Rights and other rights not under Part III.
Some constitutional rights are non-justiciable; that is, the courts cannot enforce them directly.
Examples: Right to Property (now Article 300A after 44th Amendment), Directive Principles of State Policy (DPSP, Part IV) create rights indirectly.
2. Scope and Coverage
| Feature | Fundamental Rights | Constitutional Rights |
|---|---|---|
| Source | Part III of the Constitution | Whole Constitution (Part III + other parts) |
| Justiciability | Yes, directly enforceable in courts | Some are enforceable (FRs), others are not |
| Purpose | Protect individual liberty and equality against state action | Broader purpose: individual rights + socio-economic rights |
| Amendment | Cannot be easily amended (Basic Structure Theory applies) | Can be amended by Parliament (subject to limitations) |
| Examples | Articles 12–35 | Right to Property (Art. 300A), Right against Exploitation (Art. 23–24), DPSP-based rights |
3. Justiciability
Fundamental Rights are enforceable in court under Article 32 (Supreme Court) and Article 226 (High Court).
Case: Kesavananda Bharati v. State of Kerala (1973) – The Supreme Court held that Parliament cannot amend the fundamental rights in a way that destroys the basic structure of the Constitution.
Other Constitutional Rights (non-FRs) may not be enforceable:
Example: Right to adequate livelihood under Directive Principles.
Case: Kesavananda Bharati v. State of Kerala (1973) – DPSPs cannot override Fundamental Rights, showing the distinction.
4. Examples of Cases Illustrating the Difference
Fundamental Rights Case
Maneka Gandhi v. Union of India (1978)
Right to personal liberty (Art. 21) is a Fundamental Right. Any procedure depriving liberty must be “just, fair, and reasonable.”
Constitutional Rights (non-FR) Case
State of Kerala v. N.M. Thomas (1976)
Case dealt with Directive Principles (social justice) which are constitutional rights but not fundamental. They guide lawmaking but are not directly enforceable.
Enforcement Distinction
Olga Tellis v. Bombay Municipal Corporation (1985)
Right to life (FR, Art. 21) enforced to include livelihood. Shows FRs are enforceable; contrasts with non-FR rights which may require enabling legislation.
5. Key Points to Remember
All Fundamental Rights are Constitutional Rights, but all Constitutional Rights are not Fundamental Rights.
Fundamental Rights protect civil and political liberties, while other constitutional rights may promote social, economic, and cultural justice.
The Supreme Court often uses FRs to interpret other constitutional rights, but the enforceability differs.
Amendment Protection: Fundamental Rights enjoy basic structure protection, unlike ordinary constitutional rights.
Summary Table
| Aspect | Fundamental Rights | Constitutional Rights |
|---|---|---|
| Articles | 12–35 | Entire Constitution |
| Enforceable | Yes, in courts | Partially (some FRs enforceable, some not) |
| Nature | Civil & political liberties | Civil, political, social, economic, cultural |
| Amendment | Restricted by Basic Structure | Parliament can amend |
| Examples | Right to Equality, Freedom of Speech | Right to Property, Directive Principles-based rights |
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