Political Science, asked by genius5693, 1 year ago

Three difference between fundamental and constitunal right

Answers

Answered by veerasakthitop
0
Any right that has been provided in part III of the constitution (Article 12-32) is called a fundamental right. Any other right provided in the constitution that is not within Part III such as the right to property (Article 300A) is a constitutional right.

The major difference is that in cases of violation of fundamental rights you can directly approach the Supreme Court by filing a writ under Article 32 of the constitution, and this right to approach the Supreme Court for violation of fundamental rights is a fundamental right in itself. (This right to a limited extent is theoretical as Supreme Court will often ask petitioners to first approach the concerned High Court than directly approaching the apex court for getting the remedy) This right to directly move Supreme Court for violation of your rights is not available for other constitutional rights.

To conclude, Fundamental Right (Rights given in part III of the constitution) > Constitutional right (Rights other than those given in part III of the constitution) > Statutory Rights (Rights other than those given in the constitution, and can be easily taken away by simply repealing the act providing the right or by an amendment of the act. Its harder to remove constitutional rights as those require constitutional amendments which necessitate 2/3rd majority in the Parliament)

Hope this helps you
Answered by abhinash49
0
The fundamental rights are.....

1. Right to freedom

2.Right to Equality .

3. Right to freedom of religion .

The constitutional rights are.....

1. Fight to bear arms .

2. Freedom of speech, press ,releases .

3. Equal protection .



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