Fundamental Rights Vs Fundamental Duties

By Ashutosh Yadav|Updated : July 24th, 2021

The citizens in a democratic country like India are guaranteed certain rights. Likewise, there are specific duties that every citizen is abided to perform. The Indian Constitution guarantees the rights, and they are known as fundamental rights. Indian Constitution is also enlisting certain core duties to be performed by every citizen, known as Fundamental Duties.

In this article, we shall discuss the details about the Fundamental Rights and Fundamental Duties, important for MPSC prelim as well as MPSC Mains Exams.

 

Fundamental Rights Vs Fundamental Duties 

What are Rights?

The "Rights" are the rules of interaction between people and society as a whole. The Rights impose certain constraints and obligations upon the State's actions and individuals or groups.

e.g. Right to Life – it means that others do not have the liberty to kill the individual.

  • Therefore, Rights are defined as claims of an individual that are essential for the development of one-self. They are also recognized by society or the State. 
  • Rights have legal backing, meaning they can be challenged in a court on the violation.
  • They are social or ethical principles of freedom or entitlement.
  • They are regarded as the fundamental normative rules essential. 
  • The Rights are regarded as the established pillars of society and culture and are often considered fundamental to civilization.

What are Duties?

The Rights have their real meaning only if the citizen performs duties.

e.g., parents must take care of their child. 

  • Rights and Duties are two crucial pillars on which the society's base is set up. In other words, if citizens have the right to enjoy public facilities like health services or transport, it becomes our duty to allow others to avail themselves the same. 
  • Likewise, on observing the Right to Freedom, it becomes an individual's duty not to misuse and harm others.

What are Fundamental Rights?

The Rights enshrined in the Constitution are known as Fundamental Rights. These rights can be claimed in court. These rights are considered fundamental due to following reasons:

  1. These are mentioned in the Constitution that guarantees them.
  2. These are justiciable, meaning they are enforceable through courts, i.e., the individual can approach courts for their protection.

Indian Constitution guarantees six fundamental rights:

  1. Right to Equality
  2. Right to Freedom
  3. Right against Exploitation
  4. Right to Freedom of Religion
  5. Cultural and Educational rights
  6. Right to Constitutional Remedies

Note: Although these fundamental rights are universal, the Constitution provides for some exceptions and restrictions.

What are Fundamental Duties? 

Every citizen must observe and realize that in return for every right. They are expected to do specific duties for the betterment of society and are collectively known as duties. The duties asserted by the Indian Constitution are known as Fundamental Duties. 

Note: The original Constitution (enforced on 26th January 1950) did not mention anything about the citizen's duties. 

The Fundamental Duties were added in Part IV of the Indian Constitution under Article 51-A in 1976 through the 42nd Constitutional Amendment. It is important to note that Fundamental Duties are non—justiciable, i.e., the violation of fundamental duties (or the non-performance of these duties) by citizens is not punishable. The nature of the fundamental duties is 'code of conduct, therefore are non-justiciable. They are enlisted as follows:

 

Fundamental Rights Vs. Human Rights

  • At the international level, efforts to avail such rights to all human beings have been made by recognizing various rights popularly known as Human Rights. In 1948 the UN General Assembly adopted several types of Human Rights and are enshrined them in the Universal Declaration of Human Rights.

Highlights

  • Rights are essential for the development of an individual and are recognized by the State or society. A duty is something that a citizen is required to do for many reasons, including moral or legal obligations. 
  • Rights and duties are interdependent. 
  • All the rights are recognized by society, some of the most important rights are recognized by the State and enshrined in the Constitution. Such rights are called Fundamental Rights (six such rights). 
  • Fundamental Rights are universal (but the Constitution provides for some exceptions and restrictions). 
  • Several Human Rights have been given place as Fundamental Rights in the Indian Constitution so that their implementation may become a legal duty of the government. 
  • The Human Rights, which could not find a place under the Fundamental Rights, have been taken care of under Directive Principles of State Policy (DPSP). 
  • National Human Rights Commission was founded in 1993 by the Government of India to guarantee that Indian citizens also enjoy those rights.

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Ashutosh YadavAshutosh YadavMember since Aug 2020
PCS Mentor@Gradeup|UPPCS Mains, MP Mains,CGL Clear, LowerPCS Pre Clear, IB ACIO II Pre
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Rajani Kumari Baodya
Hindi me bhi update kr dijye sir..pls...

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