Fundamental Rights -Part 1
What are Rights?
According to Bosanquet “Right is a demand based on conscience which is accepted by society and implemented by the state”
Classification of Rights: –
Rights can be classified in two major ways:-
1.Theoretical (Philosophical) classification 2. Constitutional (Legal) classification
1. Theoretical (Philosophical) classification: –
a. Moral Rights- Right which are based on moral values and ethics and depend on society. These are not legally enforceable by court.
Example: – right to honest, right to dignity and right to fair behaviour
b. Legal Rights –Rights which are protected by laws and courts. These rights are recognised and enforced by the state.
Legal rights can be classified into two types – political rights and civil rights.
i. Political right -Right which allows participation in political process.
Example: – Right to vote, right to contest, right to be elected etc
ii. Civil right – These rights are necessary for individual freedom and to protect citizens from state interference.
Example: -Right to life, right to property, right to equality, right to freedom etc.
iii. Social Rights – aims at social equality and justice
Example: – Right to education, right to health and right to social security
iv. Economic Rights – Ensure economic security and welfare
Example: – Right to work, Rights to minimum wages, right to livelihood etc
2. Constitutional (legal) classification: –
a. Natural Rights – Rights which are belong to a person by birth not given by any state. These are universal and inalienable.
b. Human Rights – Rights available to all humans irrespective of nationality and recognised internationally. Rights which are given by UNO on 10th December 1948 to all citizens of the world. In India, human rights are given by National Human Rights Commission in 1993.
Examples: – Right to life, right against exploitation or torture, right to equality etc.
c. Legal Rights – Legal rights are further divided into two types: – Constitutional and Non- constitutional
i. Constitutional Rights- These rights are written and guaranteed in the Constitution of India. They are Justiciable and enforceable by courts.
Example: – Fundamental Rights (Part III, Article 12-35), Fundamental Duties(Part IV A, Article 51A) and Directive Principle of State Policy (Part IV)
ii. Non-Constitutional Rights – Rights which are given by ordinary laws of constitution not in fundamental in nature. These are statutory in nature.
Example: – Right to property Article 300A, Right to Information 2005.
Part 2 Fundamental Rights – What are fundamental rights?