Difference Between Constitutional Rights and Fundamental Rights
1. Constitutional Rights vs Fundamental Rights: Overview
| Aspect | Constitutional Rights | Fundamental Rights |
|---|---|---|
| Source | Derived from various provisions of the Constitution. Not limited to Part III. | Specifically enshrined in Part III of the Constitution (Articles 12–35). |
| Enforceability | May or may not be enforceable by courts. Some are merely policy directives. | Enforceable by courts through writs under Article 32 (Supreme Court) and Article 226 (High Courts). |
| Scope | Broader in nature; includes rights given by Constitution, statutes, and policies. | Narrower but essential; protects individual liberties against state action. |
| Purpose | To regulate governance, ensure smooth administration, and give rights for convenience. | To safeguard basic human freedoms and ensure equality, liberty, and justice. |
| Suspension | Can be modified or suspended by law, subject to the Constitution. | Cannot be suspended except during National Emergency (Article 359) and even then, certain rights like Article 20 and 21 remain inviolable. |
| Examples | Right to Property (earlier Article 31), right to education (Article 21A), directive principles (Articles 36–51). | Right to Equality (Article 14), Right to Freedom (Article 19), Right to Life and Personal Liberty (Article 21), Right against Exploitation (Articles 23–24). |
2. Key Differences Explained
Source and Enactment
Fundamental Rights are guaranteed in Part III of the Constitution.
Constitutional Rights may come from any part of the Constitution, e.g., Directive Principles of State Policy (Part IV) or other statutory rights.
Enforceability
Fundamental Rights are justiciable, meaning you can approach courts if violated.
Constitutional Rights may or may not be justiciable. For example: Directive Principles like Article 45 (free education for children) are not enforceable in courts.
Protection against State Action
Fundamental Rights protect individuals from arbitrary state action.
Constitutional Rights may include privileges or powers of the government itself and are not always about protection from the state.
Suspension / Modification
Fundamental Rights have limited suspension, mainly under national emergency.
Constitutional Rights can be modified or abolished by Parliament or State Legislature, e.g., Right to Property was removed from Fundamental Rights and made a constitutional right under Article 300A.
3. Case Law Illustrating Differences
Kesavananda Bharati v. State of Kerala (1973)
Relevance: Showed Supremacy of Fundamental Rights under the “basic structure doctrine”.
Held: Parliament cannot amend or destroy the basic structure, including Fundamental Rights.
Key Point: Constitutional Rights can be amended, but Fundamental Rights cannot be destroyed if they are part of the basic structure.
Maneka Gandhi v. Union of India (1978)
Relevance: Right to Personal Liberty (Article 21) was expanded.
Key Point: Fundamental Rights ensure due process, whereas Constitutional Rights like property rights can be curtailed by law.
I.R. Coelho v. State of Tamil Nadu (2007)
Relevance: Distinction between Fundamental Rights and other Constitutional Rights like laws in the 9th Schedule.
Key Point: Fundamental Rights enjoy higher protection, while Constitutional Rights under other provisions can be overridden by law.
L. Chandra Kumar v. Union of India (1997)
Relevance: Judicial review is part of Fundamental Rights protection.
Key Point: Fundamental Rights are enforceable and justiciable, unlike some broader Constitutional Rights.
4. Summary
Fundamental Rights = Core liberties essential to human dignity, justiciable, enforceable in courts, partially immune to amendment.
Constitutional Rights = Rights derived from Constitution at large, may or may not be enforceable, can be modified or repealed by law.
Essential difference = enforceability, protection level, and amendment safeguards.
✅ In short: Fundamental Rights are the backbone of individual freedom, while Constitutional Rights include all rights in the Constitution, including Fundamental Rights.
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