Difference Between Fundamental Rights and Fundamental Duties
According to the Indian Constitution, India’s citizens are granted rights and duties. These fundamental rights and duties form the backbone of the democratic framework of the country and are crucial to maintaining a balanced society. In his blog, we will discuss fundamental rights and duties and explore the difference between fundamental rights and duties.
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Fundamental Duties vs Fundamental Rights
| Aspect | Fundamental Rights | Fundamental Duties |
| What are they? | Rights that citizens have to protect themselves from the government. | Duties that citizens must follow for the well-being of the country and society. |
| What do they do? | Empower citizens to demand fair treatment and freedom. | Encourage citizens to be responsible and caring towards the country. |
| Protection | Protect individuals from unfair actions by the government. | Protect the country’s unity, heritage, and environment. |
| Legal Action | Citizens can approach courts if their rights are violated. | No legal action if duties are not fulfilled. |
| Focus | Benefits of citizens. | Country and society’s welfare. |
| Listed in Constitution | Part III of the Indian Constitution. | Part IV-A of the Indian Constitution. |
| Number of Duties | 6 | 11 |
| Enforceability | Can be enforced by courts. | No court action for non-compliance. |
| Role in Citizenship | Essential for individual growth and protection. | Vital for building a responsible and harmonious society. |
| Responsibility | Government has to ensure rights are respected. | Citizens must willingly fulfill their duties. |
Related Read – Difference Between Fundamental Rights and Directive Principles
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Fundamental Rights
Fundamental Rights are basic human rights essential for the existence and development of the citizens of a country. These rights are called fundamental because of three reasons.
- They are written in the Constitution.
- They are democratic.
- These are justiciable (enforceable through courts)
Part III of the Indian Constitution mentions the Fundamental Rights from Articles 14 – 35. In case of violation of such rights, the individual has the right to approach courts for their protection. The Constitution of India guarantees six fundamental rights to Indian citizens, which are as follows:
- Right to equality
- Right to freedom
- Right against exploitation
- Right to freedom of religion
- Cultural and educational rights
- Right to constitutional remedies
Fundamental Duties
Like fundamental rights, every citizen of any country has fundamental duties. Fundamental Duties require the citizens of any country to be active participants in governance by assuming responsibilities and discharging citizenship duties. Fundamental duties are mentioned in Article 51A of the Indian Constitution and have been incorporated into separate laws.
It is the fundamental duty of every citizen of India to –
- Uphold and abide by the values enshrined in the Indian Constitution.
- Respect the National Flag and the National Anthem.
- Show respect to the Indian national flag and the national anthem.
- Preserve the unity and integrity of the country and safeguard its sovereignty.
- Promote national harmony and keep up the spirit of brotherhood.
- Protect and improve the natural environment, such as forests, lakes, rivers, and wildlife.
- Respect and uphold women’s dignity.
- Have compassion for living organisms.
- Safeguard public property and renounce any violence.
- Parents or guardians are responsible for providing opportunities for education to their children aged 6 – 14 years.
- Develop scientific curiosity, humanism and the spirit of inquiry and reform.
It is important to note that, unlike fundamental rights, Fundamental Duties are non-justiciable. It means you cannot approach any court for their enforcement in case of non-compliance.
Conclusion
While fundamental rights grant citizens essential freedoms and protections, fundamental duties remind them of their responsibility towards the nation’s progress and welfare. These duties and rights play a crucial role in fostering a sense of citizenship and social responsibility, which is crucial for the overall development and progress of the nation.
FAQs
What are Fundamental Rights, and how do they differ from Fundamental Duties?
Fundamental Rights are the basic human rights guaranteed to citizens by the Constitution, ensuring individual liberties. On the other hand, Fundamental Duties are moral and ethical obligations imposed on citizens to promote responsible citizenship and the nation's welfare.
How many Fundamental Rights are guaranteed to Indian citizens, and what are some examples of these rights?
Indian citizens have six Fundamental Rights, including the Right to Equality, the Right to Freedom, the Right against Exploitation, the Right to Freedom of Religion, Cultural and Educational Rights, and the Right to Constitutional Remedies.
What is the legal status of Fundamental Duties, and can citizens be penalized for not fulfilling them?
Fundamental Duties are non-justiciable, and citizens cannot be penalized for not fulfilling them. However, they are essential for fostering a sense of civic responsibility and building a harmonious society.
Can Fundamental Rights be restricted or suspended in certain situations?
Yes, Fundamental Rights can be reasonably restricted in the interest of national security, public order, and morality. However, such restrictions must adhere to constitutional principles.
How do Fundamental Rights protect individuals from potential abuse of power by the State?
Fundamental Rights act as safeguards against arbitrary actions by the government, ensuring citizens' dignity, freedom of speech, and protection from discrimination.
Are Fundamental Duties applicable to all citizens, or are there any age restrictions?
Fundamental Duties apply to all citizens of India, irrespective of age, gender, or any other factors. They emphasize that responsible citizenship starts from a young age.
Rashmi is a postgraduate in Biotechnology with a flair for research-oriented work and has an experience of over 13 years in content creation and social media handling. She has a diversified writing portfolio and aim... Read Full Bio
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