Monday, 26 March 2012

Fundamental Rights Vs Other Rights

Fundamental Rights Vs Other Rights
What is the difference between the Fundamental Rights and the rights secured under various other provisions of the Constitution?

Part III of the Indian Constitution (Articles 13 to 32) contains one of the most important parts of Indian Constitution—the Fundamental Rights. These rights are fundamental in nature and no legislative or executive order or action of the government can take away any of these rights of the citizens in India. An important feature of these rights is that these are enforceable by law and any piece of legislation can be declared void if it is found to be interfering with any of Fundamental Rights. There are, however, some other rights provided in the Constitution, which are outside Part III. These other rights can also be enforced by following due course of law. One of the examples is Article 365, which provides that no tax can be levied or collected by the State except by the authority of law. There are various other such rights and the Right to Property, which was a Fundamental Right under the original Constitution, has also been relegated to the position of a legal right.

A question is often asked about the difference between the Fundamental Rights and other rights under the Constitution, particularly when both the categories are justiceable. Main difference is that while all the rights of the citizens are enforceable by law, Fundamental Rights provide for a Constitutional remedy under Article 32 which itself is provided in Part III, i.e. the Fundamental Rights. Under the Constitutional remedy an individual can move an application direct to the Supreme Court of India against any infringement of his Fundamental Right by the State or any act of the State. In case of other rights a citizen may have to seek remedy by filing an ordinary application or suit before a lower/subordinate court, as per provisions of law.

No comments:

Post a Comment