On the other hand, legal rights are divided into two types, they are – i) civil rights and ii) political rights. Civil rights are – right to life, right to family, right to property, right to personal liberty, right to freedom of thought and expression, right to equality, right to freedom of conscience, right to organize, right to contracts and right to work. An individual`s political rights are the right to vote, the right to stand for election, the right to hold public office and the right to complain. [3] The country`s constitution guarantees constitutional rights, while human rights are internationally recognized. Legal rights are clearly defined by various governments and are not included in the constitution. By their nature, all constitutional and human rights are enforceable, although the former are applied by the Court and the latter by the United Nations. On the other hand, in case of applicability, the legal rights are enforceable by the government, but can be removed or modified at any time. If these rights are violated, they will be dealt with by one of the ordinary courts, which contradicts the other two rights. In general, an ordinary right imposes a corresponding obligation on another person (and, in some circumstances, on the state), but a constitutional right is a right that a citizen has vis-à-vis the state. Fundamental rights are protected against invasion by the executive, legislative and judicial branches. The restrictions imposed on all government agencies apply to all human rights.
Laws and administrative orders that restrict or interfere with these rights are invalid and counterproductive. Our constitution states that the Supreme Court has the power to uphold human rights. The remedy itself is therefore a fundamental right. This distinguishes it from other rights. The defender of human rights is the Supreme Court. Moreover, these human rights are not universal rights, such as the right not to be taxable without law (Article 265), the right to land (Article 300a) and freedom of exchange (Article 301). It is not possible to waive a constitutional right. A person may waive an ordinary right. Human rights are therefore those inherent in all human beings, taking into account their nationality, creed, age and race. LawSikho has created a telegram group for the exchange of legal knowledge, recommendations and various possibilities. You can click on this link and register: The difference between fundamental rights, legal rights and constitutional rights is given below: – The importance of the human rights mentioned in the Indian Constitution is that every human being has the right to enjoy his own mental and physical aspects. The concept of human rights is based on the principle of human solidarity, non-violence and spiritual respect for all rights enshrined in the Indian Constitution.
The universal rights that every human being should possess are human rights. In the Charter of the Universal Declaration of Human Rights, the United Nations describes human rights as “the inherent rights of all human beings, without distinction as to race, sex, nationality, ethnicity, language, religion or other status. Human rights include the right to life and liberty, the right not to be subjected to slavery and torture, freedom of opinion and expression, the right to work and education, and much more. Everyone has the right to these rights, without discrimination. For a fundamental right to exist, there must be human rights. Fundamental rights are the rights that some countries grant to their citizens. These rights have a legal sanction. These rights can also be challenged in court. Fundamental rights are equal to human rights, but there is a slight difference between fundamental rights and human rights. The fundamental difference is that fundamental rights are legally inviolable and can be challenged in court if violated, but human rights are not recognized by law, so they cannot be challenged in the courts. The fundamental human rights enshrined in the Constitution of India, which are granted to all, are fundamental rights. They are applied without prejudice based on ethnicity, creed, gender, etc.
It is important to note that fundamental rights are enforceable before the courts under certain conditions. [1] Legal Claim| Definition of Merriam-Webster, www.merriam-webster.com/dictionary/legal%20right`s Legal Claim. Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content. Examples of fundamental rights not expressly listed in the Constitution: CONSTITUTIONAL RIGHT This term refers to a right guaranteed by the Constitution of the United States that cannot be violated by law or Congress. Black`s Law Dictionary Legal rights apply to a set of rights formulated in the legal structure of a government. They are granted as privileges to the people of that specific state. As a result, certain rights and privileges granted to citizens are provided for in the regulations. According to the rules of the respective country, these rights are granted to the citizens of that country. However, these rights help to create a better territory in which an individual can live in dignity and honour.
On the other hand, constitutional rights are divided into four types, they are – i) political rights, ii) civil rights, iv) social and economic rights, and v) the right of the accused. Statutory rights are protected by a general law, but they can be modified or repealed by Parliament by amending that law. Fundamental rights are protected and guaranteed by the Constitution and cannot be abrogated by a mere law promulgated by the legislature.