Within a democratic framework, fundamental rights occupy a distinct and preeminent position compared to other legal rights. This distinction arises from several key factors:

• Source and Supremacy: Fundamental rights are enshrined in the constitution, the bedrock legal document of the nation. Other legal rights may stem from diverse sources such as statutes, regulations, or judicial precedent. Their placement within the constitution imbues them with a higher legal status, making them more difficult to modify or abrogate.

• Focus and Universality: Fundamental rights prioritize core human freedoms and protections, encompassing essential liberties like freedom of speech, religion, and assembly. Conversely, other legal rights address a broader spectrum of legal issues, including property rights, contract law, or consumer protection.

• Enforcement and Justiciability: Fundamental rights are generally considered justiciable, meaning individuals possess the legal standing to directly petition the courts for their enforcement in case of violation. Other legal rights might have specific enforcement procedures or limitations.

• Permanence and Stability: While not absolute, fundamental rights are designed for relative permanence and enjoy a higher degree of protection from arbitrary revocation. In contrast, some legal rights might be more susceptible to change through legislative amendments.

The Significance of Fundamental Rights in a Democracy

These unique characteristics elevate fundamental rights to a position of critical importance within a democratic society:

• Protection from Unwarranted State Power: They serve as a bulwark, safeguarding individual liberties from arbitrary or excessive actions by the government.

• Guaranteeing Equality and Fairness: Fundamental rights promote a more just society by ensuring equal treatment and protection under the law for all citizens.

• Empowering Citizen Participation: They empower individuals to actively participate in the social and political sphere, fostering a sense of civic engagement and holding the government accountable.

• Facilitating Open Discourse: Fundamental rights nurture a climate of free expression and open debate, a cornerstone of a healthy and functioning democracy.

In essence, fundamental rights establish the essential framework for a society where individuals possess the necessary freedoms and legal protections to live with dignity, contribute meaningfully, and ensure a just and equitable social order.