Human Rights, Constitutional Rights and Legal Rights: Understanding the What and Where?
The Indian Constitution, a monumental legal document, serves as the supreme law of the land, safeguarding the rights and liberties of its citizens and all persons within its territory. To truly appreciate its depth, it's crucial to differentiate between three interconnected yet distinct categories of rights: Constitutional Rights, Human Rights, and Legal Rights. While often overlapping, their genesis, enforcement mechanisms, and scope vary significantly.
1. Human Rights: Universal and Inherent
Human rights are the most fundamental and universal. They are inherent to all human beings, irrespective of nationality, sex, national or ethnic origin, colour, religion, language, or any other status. They stem from the very dignity of being human. While not exclusively enshrined in one single document, their principles are articulated in international instruments like the Universal Declaration of Human Rights (UDHR) 1948 and subsequent covenants such as the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).
In India, human rights form the bedrock of the Constitution's Part III (Fundamental Rights). The Supreme Court of India, in various pronouncements, has consistently held that the spirit of international human rights instruments informs the interpretation of fundamental rights. For instance, the right to life and personal liberty under Article 21 has been expansively interpreted to include the right to live with dignity, clean environment, health, and livelihood, drawing heavily from the broader concept of human rights.
Case Example: The landmark judgment in Maneka Gandhi v. Union of India (1978) significantly broadened the scope of Article 21, establishing that "procedure established by law" must be fair, just, and reasonable, aligning it with international due process standards of human rights.
2. Constitutional Rights: Enshrined and Enforceable
Constitutional rights are those explicitly enumerated and guaranteed by the Constitution of India. They are a subset of human rights that have been given a higher legal status within the national framework. These rights are legally enforceable, meaning an individual can approach the courts for their protection.
- • Fundamental Rights (Part III): These are the most prominent constitutional rights, deemed fundamental because they are considered essential for the all-round development of individuals. Articles 12-35 cover rights like equality (Article 14), freedom of speech and expression (Article 19), protection of life and personal liberty (Article 21), and remedies for enforcement of rights (Article 32 and 226). They are enforceable against the state and are generally non-derogable, except under specific emergency provisions.
- o Right to Constitutional Remedies (Article 32): This is itself a fundamental right, guaranteeing every person the right to move the Supreme Court directly for the enforcement of their fundamental rights. This unique provision makes fundamental rights truly effective.
- • Other Constitutional Rights: Beyond Part III, other provisions also confer rights, though they may not be categorized as "fundamental." For example, Article 300A declares that "No person shall be deprived of his property save by authority of law." Prior to the 44th Amendment Act, 1978, the right to property was a fundamental right. Now, it is a constitutional right, meaning while the state cannot arbitrarily confiscate property, its violation does not grant direct access to the Supreme Court under Article 32, but rather through Article 226 or ordinary legal proceedings. Similarly, Article 265 states that "No tax shall be levied or collected except by authority of law," implying a constitutional right against arbitrary taxation.
Case Example: The K.S. Puttaswamy v. Union of India (2017) case, affirming the right to privacy as a fundamental right under Article 21, showcases how existing constitutional rights are interpreted and expanded to align with evolving human rights principles.
3. Legal Rights: Statutory and Common Law
Legal rights are those rights created and protected by ordinary laws (statutes) enacted by the legislature, or by common law principles developed through judicial precedents. They are distinct from constitutional rights in their origin and generally in their enforceability. A legal right might be statutory (e.g., right to vote under the Representation of the People Act, 1951, or consumer rights under the Consumer Protection Act, 2019) or arise from contracts, torts, or property law.
Key Differences in Enforcement: While a violation of a fundamental right can lead to direct recourse to the Supreme Court (Article 32) or High Courts (Article 226), a violation of a mere legal right requires recourse through the ordinary judicial process, such as filing a suit in a civil court or initiating proceedings under the relevant statute.
Example: The right to maintenance for a wife or children under Section 125 of the Code of Criminal Procedure, 1973, is a legal right. Similarly, the right to a fair hearing in administrative proceedings, derived from the principles of natural justice, is a legal right.
Interplay and Evolution:
It's important to understand that these categories are not entirely watertight. Human rights provide the normative framework. Constitutional rights are human rights that the Constitution chooses to elevate and explicitly protect. Legal rights are then created by laws to further implement constitutional mandates or address specific societal needs.
The Indian judiciary, particularly the Supreme Court, has played a pivotal role in blurring the lines, often interpreting fundamental rights expansively to encompass broader human rights principles and even elevate certain legal rights to the status of implicit fundamental rights. This dynamic interpretation ensures that the Constitution remains a living document, responsive to contemporary challenges and committed to upholding the dignity and rights of every individual.
