Fundamental rights are enshrined in Part III (Articles 12 to 35) of the Constitution. This section is referred to as the Magna Carta of India. These rights are termed “Fundamental” because they are crucial for the comprehensive development of an individual—be it material, intellectual, moral, or spiritual. Additionally, these rights are safeguarded by the highest law of the land, the Indian Constitution. The inspiration for these rights came from the American Constitution, specifically the Bill of Rights.

Different types of Rights 

• Natural rights: The concept gained prominence in the 17th and 18th century, when political theorists like John Locke argued that certain rights are given to us by nature or God. These rights of men were not given by ruler or society, rather an individual was born with them. These rights were considered inalienable and no one could take them away. Every other right was obtained from these fundamental rights. For example, the right to preserve life was considered a natural right i.e. all humans have the right to stay alive and no government can take this right away. 

• Human rights: In present times, the word human right has gained more prominence as the idea of a set of norms laid down for us by nature, or God, is unacceptable in present times. The fundamental principle of human rights is that every individual has inherent entitlements solely by virtue of being human. Each human has an intrinsic value hence they must have equal opportunity to realise their full potential. This conception of free and equal self is being used to challenge existing inequalities in race, caste, religion and gender. The UN declaration of human rights is based on this understanding and those rights are recognised under it which the world community collectively sees as important for leading a life of dignity and self-respect. 

• Constitutional rights: These rights are provided by the constitution to the people. A constitutional right is the supreme right guaranteed by the constitution. It should be noted that the constitutional rights not only include the fundamental rights but also other rights mentioned in the constitution like Right to Vote under article 326, Right to Property under article 300A, etc.
• Statutory rights: These rights are provided to the people by various laws passed by the legislature. Example- Right to Work under the MGNREGA, Right to Food under the National food security act, etc. 
• Fundamental rights: These rights are ‘’Fundamental’’ because they are most essential for all-round development of an individual i.e. material, intellectual, moral and spiritual. These rights, if infringed, are enforceable and justiciable in the Supreme court (under Article 32) and High court (under Article 226). These rights can be enforced by using writs. 

Difference between Fundamental rights and legal rights

Fundamental Rights in the Indian Constitution

Originally, the Constitution of India provided for seven Fundamental Rights. However, the right to property (Article 31) was deleted from the list of Fundamental Rights by the Constitution (44th Amendment) Act, 1978. At present, there are six Fundamental Rights, which are as follows:

Features of Fundamental Rights

• Applicability: Certain services are accessible solely to citizens, while others can be utilized by everyone, including non-citizens, foreign individuals, or legal entities such as corporations or companies. For example, Fundamental rights under Articles 15, 16, 19, 29 and 30 are available only to the citizens of India. While other fundamental rights like those under Article 14, 20, 21, etc. are accessible to both citizens of India and individuals from other countries.
• Not Absolute: Fundamental rights are not absolute and can be subject to qualifications. The state has the authority to impose reasonable limitations on these rights. However, it is ultimately the courts that determine whether such limitations are reasonable. These reasonable restrictions help maintain a balance between individual rights and societal interests, as well as between personal freedom and social regulation. 
• Availability: All fundamental rights protect individuals against arbitrary actions by the state. Nonetheless, some rights also extend protection against the actions of private individuals. 
• Character: Certain rights are of a negative nature, which means they impose limitations on state authority, while others are positive in character, bestowing specific privileges upon individuals
• Justiciability: They can be enforced through the courts, enabling individuals to seek legal action if and when they are infringed upon. Example: Article 32 provides a fundamental right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by the Part III of Indian Constitution. 
• Protected by Supreme Court: They are defended and protected by the Supreme Court. Therefore, an aggrieved individual has the option to approach the Supreme Court directly, rather than having to appeal against the high court’s decision. (Article 32).
• Amendability: They are not sacrosanct or permanent. The Parliament has the authority to limit or abolish them, but this can only be done through a constitutional amendment act, not through a regular legislative act. Moreover, this can be done without affecting the ‘basic structure’ (Kesavananda Bharati Case) of the Constitution. 
• Suspension: The rights guaranteed by Articles 20 and 21 cannot be suspended during a National Emergency, whereas the six rights mentioned in Article 19 can only be suspended when an emergency is declared due to war or external aggression (i.e., external emergency), not on the basis of armed rebellion (i.e., internal emergency).  
• Limitations: The scope of these rights is restricted by Articles 31A, 31B, and 31C.  
• Members of Armed Forces: The application of these rights to members of the armed forces, paramilitary forces, police forces, intelligence agencies, and similar services can be limited or revoked by the Parliament (Article 33).  
• Application during Martial Law: Their implementation can be curtailed when martial law is enforced in any region.  
• Enforceability: Most of these rights are self-executory, while a few others require legislation for their enforcement. Such legislation must be enacted solely by the Parliament to ensure uniformity across the nation (Article 35).  
• Minority rights: The Fundamental Rights provide special cultural and educational privileges to various minorities, in addition to ensuring the Constitution’s secular character.