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Gaurav Seth 5 years, 1 month ago
An ordinary right generally imposes a corresponding duty on another individual (and, state in some cases) but a fundamental right is a right which an individual possess against the state.Fundamental rights are protected against invasion by the executive, legislature and the judiciary. All fundamental rights are limitations on legislative power. Laws and executive actions which abridge or are in conflict with such rights are void and ineffective.Our constitution guarantees the right to move the Supreme Court for the enforcement of fundamental rights. Thus the remedy itself is a fundamental right. This distinguishes it from other rights.The Supreme Court is the guardian of fundamental rights.
Further, all constitution rights not fundamental rights e.g. right not to be subjected to taxation without authority of law (art. 265), right to property (art. 300a), and freedom of trade (art. 301). A fundamental right cannot be waived. An ordinary legal right can be waived by an individual
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