Common Law Rights …. Fundamental Rights

Common Law Rights .... Fundamental Rights

Common law rights are horizontal in their operation when they are violated by one's fellow man, he can be named and proceeded against in an ordinary court of law. Constitutional and fundamental rights, on other hand, provide remedy against violation of a valued interest by State, as an abstract entity, whether through legislation or otherwise, as well as by identifiable public officials, being individuals clothed with powers of State.   [Justice K.S Puttaswamy (Retd.) v. Union of India (2017) 10 SCC 1 / AIR 2017 SC 4161 / 2017 (4) KLT SC 1]