Difference Between Fundamental Rights and Human Rights – HowFlux

Difference Between Fundamental Rights and Human Rights

Fundamental Rights V/S Human Rights


Fundamental Rights and Human Rights seem to be the same for a person who is new to arena of Rights and Laws. But there are a lot many essential differences between them. Also, there are definitely overlapping at times. This overlap is quite large and thus one gets deceived as if they are one and the same. Fundamental Rights are the Rights guaranteed by the constitution of India, unlike the Human Rights. They can be simplified as “Human Rights = Rights being a human being and Fundamental Rights = Rights being a citizen”. The similarities and differences between the both are enumerated and discussed in brief below.

Difference Between Fundamental Rights and Human Rights

Difference Between Fundamental Rights and Human Rights

  1. Definitions:-

Fundamental Rights are the rights mentioned in Part III of the constitution of India (Article 12 to Article 35). They include Right to Equality, Various Freedoms, Rights against exploitation, Rights to constitutional remedy etc. They are justifiable and government of India has to safeguard them.

While Human Rights are the Rights bestowed upon an Individual by his/her birth. They are enshrined in the Universal Declaration of Human Rights.

  1. Justifiability/Enforcement:-

Government of India and the judicial machinery is liable to protect the Fundamental Rights of the citizens of India. On the other hand, Human Rights are not justifiable. Only the Human Rights which overlap with the Fundamental Rights are justifiable as they are Fundamental Rights too. E.g. Right to Life is Human Right as well as Fundamental Right under Article 21.

  1. Availability:-

All Fundamental Rights are available only to the citizens of India. Only few of them are available to foreigners or subjects/citizens of other countries. Some Fundamental Rights cease to exist in situation of National Emergency declared under the Article 352 of the Constitution of India.

  1. Universality:-

Though Human Rights cannot be enforced in a court of law, they are more universal and basic. Fundamental Rights derive their sanctity from the constitution while Human Rights from the conscience.



  1. Intent:-

Both Fundamental Rights and Human Rights seek to bestow an individual with all the prerequisite and necessities for growth and development. In short, they create a fertile ground for the seeds to take roots and flourish in beautiful green tree.

  1. Overlap:-

As every human being is bound to be a citizen of some or the other country, he/she is going to enjoy both of them. The overlapping rights are – Right to life, Right to work, Right to various freedoms etc.


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