By- Kaustubh Soni

This paper aims to explore the complex relationship between human rights, fundamental rights, and the concept of Homo Sacer, a life deemed bare of political value and stripped of legal protections. It argues that while universal human rights are an ideal, their practical implementation faces limitations. It is being examined as to how citizenship status and sovereign power can influence the entitlement to and enforcement of human rights. The notion of absolute human rights can be academically challenged, arguing that political considerations and citizenship status can influence the realisation of human and fundamental rights. The concept of Homo Sacer exposes the limitations of human rights framework, particularly in exceptional circumstances and for individuals deemed outside the political and legal system. The paper emphasizes the importance of fundamental rights enshrined in constitutions as they offer stronger legal protections compared to human rights alone. Conclusion highlights the ongoing struggle for universal human rights and the need for a nuanced understanding that considers the complexities of political realities.

Keywords: Human rights, Fundamental rights, Homo Sacer, Citizenship, Sovereign power.