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upsc race   28 April 2020

Diffference

Anyone can explain difference between legal right and fundamental right?


Learning

 2 Replies

Archit Uniyal   28 April 2020

Hi,

The legal rights are protected by an ordinary law, whereas Fundamental Rights are protected and guaranteed by the Constitution. The legislature can take away a legal right but not a fundamental right.

Legal Right -  Right to vote

Fundamental Right – Right to Freedom of Speech

If a legal right of a person is violated, a person can move to court, but if a fundamental right is violated, the affected person may move to the High court or Supreme Court as provided under the constitution of India.

Rights to Property is also an example. It was a fundamental right before 1978. But was made a legal right under new Article 300 after the Constitution (Forty-fourth Amendment) Act.

 

Hope this solves your query.

Regards,
Archit.

upsc race   28 April 2020

Thnks dear Archit

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