Difference between Fundamental Rights and Constitutional Rights

Difference between Fundamental Rights, Legal Rights and Constitutional Rights?

BLOG/ NEWS Constitution of India LAW EXPLAINED
Spread the Love

Rights are some conditions of an individual’s social life, without the rights, no people can live their life. The major objective of a state behind emphasize rights is to improve the welfare of the people and to protect the conditions in which the advancement of a state’s character. Citizens of any country are entitled to certain rights. These rights are known as fundamental rights, legal rights and constitutional rights. Although these rights seem to be the same, they are somewhat different from each other.

The difference between fundamental rights, legal rights and constitutional rights are stated below:-

1. Meaning: The fundamental rights are ensured by the Constitution to all persons regardless of their race, caste, religion, gender and any other status. These rights are fundamental in the sense that they are played a vital role in the intellectual, ethical, material development of the person. 

                  On the other hand, Legal rights are those rights that are recognised by the state through its statutes. These rights are assured by the ordinary law of the State passed by the legislature. 

On the other hand, Constitutional rights are a bunch of rights that mandate the ability to every aspect of the nation. Constitutional rights are guaranteed by the Constitution. The fundamental rights are also called Constitutional rights as fundamental rights are exemplified in the Constitution of the country.

2. Definition:  A group of rights that have been comprehended by the Supreme Court as impelling a massive level of security from government encroachment are known as fundamental rights.

On the other hand, Legal rights are a group of rights comprehended by and conserved by authorizations of law assessed by a state, which enables an individual to retain the property or to immerse in some transaction or course of conduct some other individual to so immerse or to abstain from some course of conduct under some specific conditions, and for the violation of which contend the state furnishes a remedy in its courts of justice.[1]

    On the other hand, Constitutional rights are those rights that are carved out in the federal and state constitutions. The plurality of these rights has acquired from state and federal Supreme Court verdicts, which infer their constitutions and assure that the statutes enacted by the legislature do not infringe constitutional limits.[2]

3. Classified: The fundamental rights are classified into six types. The Fundamental Rights of a person are- i) Right to equality before the law, ii) Right to freedom, iii) Right against exploitation, iv) Right to freedom of religion, v) Cultural and educational rights and vi) Right to constitutional remedies.

         On the other hand, Legal rights are classified 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 association, Right to contract and Right to work. The political rights of an individual are the right to vote, the Right to seek election, the Right to carry public office and the Right to plea.[3]

On the other hand, Constitutional rights are classified into four types, they are – i) political rights, ii) civil rights, iv) social and economic rights and v) the right of the accused.

4. Infringement: In the case of infringement of fundamental rights any person can appeal directly to the higher court or Supreme Court to get justice.

     On the other hand, in the case of infringement of legal rights an individual can file a suit against the liable person.

On the other hand, in the case of infringement of constitutional rights an individual can appeal to the high courts or Supreme Court.

5. Amend: The fundamental rights can be amended or abolished by the Constitutional amendment.

         On the other hand, the legal rights can be amended or revoked by ordinary statute approved by the legislature.

On the other hand, Constitutional rights can be amended or revoked by the Constitutional amendment. 


The fundamental rights, legal rights and constitutional rights are played a significant role in the development of people. Whether the rights are fundamental, legal or constitutional, all rights are concerned with the public welfare. Every state imposed specific limitations on the rights of its citizens.

However, these rights help to establish a better territory where an individual can live with dignity and honour.

By Shreeparna Goswami

[1] Legal Right | Definition of Legal Right by Merriam-Webster, https://www.merriam-webster.com/dictionary/legal%20right.

[2] Constitutional Law | RWU Law, https://law.rwu.edu/academics/msl-program/constitutional-law.

[3] S.N.Dubey, Political Science Theory, pg. 299, Lakshmi Narain Agarwal.

For more Blogs – CLICK HERE.

Lawyers Gyan is now on Telegram (t.me/LAWYERSGYAN). Follow us for regular legal updates. Follow us on InstagramLinkedInFacebook & Twitter or join our WhatsApp group.

Get Lawyers Gyan in your Email & Join 10000+ Lawyers!!


Lawyers Gyan has no control over above-listed items as it is directly from the customer or taken from other sources. Despite our best efforts, some of the content may contain errors. You can trust us, but please conduct your own checks too. In case of any discrepancy please write to lawyersgyaan@gmail.com.

Spread the Love

Leave a Reply