Difference Between Fundamental Rights and Fundamental Duties

By : Neha Dhyani

Updated : Apr 13, 2022, 5:51

The Indian Constitution outlines certain fundamental rights and Fundamental Duties that apply to all citizens. While the Constitution identified fundamental rights since its inception, the fundamental duties were added only in 1976. Though both the terms are correlated, they are distinct in meaning and notion.

This article will help you identify the primary Difference Between Fundamental Rights and Fundamental Duties.

What are Fundamental Rights?

Fundamental rights are basic human rights guaranteed by the Constitution of a country to its citizens. They are manifested in Part III, Articles 12-35 of the Indian Constitution and are enforceable by law.

Indian citizens enjoy eight fundamental rights guaranteed by the Constitution. They apply equally to all citizens irrespective of their caste, creed, religion, sex, or place of birth.

  • Right to Equality
  • Right to Freedom
  • Right against Exploitation
  • Right to Freedom of Religion
  • Right to Life
  • Cultural and Education Rights
  • Right to Constitutional Remedies
  • Right to Privacy
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What is Fundamental Duty?

Fundamental duties are the moral obligation bestowed upon the citizens to uphold unity in diversity and promote the spirit of patriotism. The 42nd Amendment Act in 1976 added the fundamental duties upon the recommendation of the Swaran Singh Committee. They are covered under Part IV A, Article 51-A of the Constitution.

Eleven fundamental duties are listed in the Indian Constitution. They include abiding by the Constitution, protecting the sovereignty and integrity of the country, promoting the spirit of harmony and brotherhood, and protecting and preserving the country’s heritage, culture, environment, and public property, among other things.

Difference Between Fundamental Rights and Fundamental Duties

S. No

Area of Differentiation

Fundamental Rights

Fundamental Duties

1

Meaning

Fundamental rights are basic human rights guaranteed by the Constitution of a country to its citizens.

Fundamental duties are the moral obligation bestowed upon the citizens to uphold unity in diversity and promote the spirit of patriotism.

2

Placement in the Constitution

Fundamental rights are placed in Part III, Article 12-35 of the Indian Constitution.

Fundamental duties are placed in Part IV A, Article 51-A of the Indian Constitution.

3

Native Source

Fundamental rights in India are borrowed from the US Constitution.

Fundamental duties are borrowed from the former Soviet Union (USSR).

4

Applicability

Some fundamental rights apply only to Indian citizens, while others apply to foreigners and legal persons (corporations and companies) as well.

Fundamental duties are confined only to the citizens of India and do not extend to foreigners.

5

Enforceability

Fundamental rights are directly enforceable by law. A person can move the court if their fundamental right is violated.

Fundamental duties are not directly enforceable by law. However, they can be enforced in some situations by Parliamentary Law.

6

Nature

Fundamental rights are justifiable in nature as they can be enforced legally.

Fundamental cuties are moral in nature and are based on accountability.

Both rights and duties are integral to any society. Abuse of fundamental rights and evasion of fundamental duties lead to disruption and disharmony in society. A responsible citizen should follow both of them together for the welfare of society.

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FAQs on the Difference Between Fundamental Rights and Fundamental Duties

Q.1. What is the Difference Between Fundamental Rights and Fundamental Duties in meaning?

The Difference Between Fundamental Rights and Fundamental Duties in meaning is that Fundamental rights are basic human rights guaranteed by the Constitution of a country to its citizens. But on the other hand, fundamental duties are the moral obligations bestowed upon the citizens to uphold unity in diversity and promote the spirit of patriotism.

Q.2. What is the Difference Between Fundamental Rights and Fundamental Duties in enforceability?

The Difference Between Fundamental Rights and Fundamental Duties in enforceability is that the Fundamental rights are directly enforceable by law but not fundamental duties. However, Parliamentary Law can enforce them in some situations.

Q.3. What is the Difference Between Fundamental Rights and Fundamental Duties in nature?

The Difference Between Fundamental Rights and Fundamental Duties in nature is that the Fundamental Rights are justifiable as they can be enforced. But on the other hand, fundamental duties are moral in nature and based on accountability.

Q.4. Who defines the Fundamental Rights and Fundamental Duties in India?

The Constitution of India outlines the Fundamental Rights and Fundamental Duties of its citizens. Part III defines fundamental rights, and part IV A outlines fundamental duties.