A Critical Analysis Of Fundamental Rights And Legal Rights

Authors

  • Dr. Om Prakash Singh Assistant Professor, B.J.R.Institute of Law, Bundelkhand University Campus, Jhansi (U.P.), India image/svg+xml

DOI:

https://doi.org/10.53724/lrd/v1n1.03

Keywords:

Fundamental rights, fundamental rights protector of human rights, Constitutional Right and Fundamental rights, Protection of Fundamental Rights, Extra Ordinary Power of High Court and Supreme Court

Abstract

Public peace is most importance for the national growth and development. To achieve public harmony and tranquility, well settled and certain law is required. ‘Law’ confers the acts or things which should or should not be done. Doing otherwise is the violation of that particular law. To do or don’t a particular act or thing confers an obligation or duty for oneself. ‘One’s duty is the right of another’. If somebody is not doing his duties, then definitely hitting rights of another body. The suffered person got the right to knock the doors of justice. These Rights can be widely distinguished into two categories on the basis of their origin and power (i) Fundamental Rights (ii) Legal Rights. Fundamental Rights are distinct from the legal rights on many accounts. They got origin and authority straight way from Indian Constitution. The Constitution guarantees their protections. In case of any infringement of any of these rights, the Supreme Court or the concerned High Court can be knocked directly through Writs. These privileges are not available to the legal rights.

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References

(1) Satwant Singh V. Assistant Passport Officer, New Delhi AIR1967 S.C.1836.

(2) Maneka Gandhi V. Union of India AIR 1978 S.C. 597.

(3) Hussain Aara Khatoon V. State of Bihar AIR 1979 S.C.1360, Sriniwas Gopal V. State of Arunanchal Pradesh (1988) 4 SCC 36.

(4) Consumer Education and Research Centre V. Union of India (1995) 3SCC 42.

(5) M.H.Hoskot V. State of Maharastra AIR 1978 S.C. 1548. (6) AIR 1997 S.C.568.

(7) Raj Gopalan V. State of Tamil Nadu (1994) 6SCC 632, Chairman Railway Board V. Chandrika Das AIR 2000 S.C.988.

(8) Govind V State of M.P., AIR 1975 S.C. 1295, State of Maharastra V. Madhukar Narayan Mardikar AIR 1991 S.C.207.

Published

30-09-2016

How to Cite

Dr. Om Prakash Singh. (2016). A Critical Analysis Of Fundamental Rights And Legal Rights. Legal Research Development, 1(I), 17–23. https://doi.org/10.53724/lrd/v1n1.03