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What Is The Difference Between Constitutional Rights And Fundamental Rights?

  • 1.Fundamental Rights are protected and guaranteed by the Constitution and they cannot be taken away by an ordinary law enacted by the legislature.
  • -The Constitutional rights are protected by an ordinary law, but they can be altered or taken away be the legislature by changing that law.
  • 2. If a fundamental right is violated, the Constitution provides that the affected person may move to High court or Supreme Court.
  • -However, if a legal right of a person is violated, he can move to an ordinary court.
  • 3. A fundamental right is a right which an individual possess against the state.
  • -Whereas a Constitutional right generally imposes a corresponding duty on another individual and, state in some cases.
  • 4. Fundamental rights are protected against invasion by the executive, legislature and the judiciary. Laws and executive actions which are in conflict with such rights are void and ineffective.
  • -However, in certain cases, the Constitutional rights of an individual can be waived off, as all Constitutional rights are not Fundamental Rights.
  • 5. Our constitution guarantees the right to move to Supreme Court for the enforcement of fundamental rights. Thus the remedy itself is a fundamental right. This distinguishes it from other constitutional rights.

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