Difference Between Fundamental Rights and Fundamental Duties

Difference Between Fundamental Rights and Fundamental Duties

Even though Fundamental Duties and Fundamental Rights are interlinked and cannot exist without each other. One important difference between Fundamental Rights and Fundamental Duties is that Fundamental Rights are not absolute and are subject to reasonable restrictions. Fundamental Duties are absolute in nature.

• Fundamental rights can be suspended during a national emergency, whereas Fundamental Duties can be taken away.
• The Supreme Court and High Courts, through Article 32 and Article 226, respectively, can enforce Fundamental Rights. Whereas, Fundamental Duties cannot be enforced through Courts.

Fundamental Rights vs Fundamental Duties

Difference Between Fundamental Rights and Duties
Area of Differentiation	Fundamental Rights	Fundamental Duties
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.
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.
Native Source	Fundamental Rights in India are borrowed from the US Constitution.	Fundamental Duties are borrowed from the former Soviet Union (USSR).
Applicability	Some Fundamental Rights apply only to Indian citizens, while others apply to foreigners and legal persons (corporations and companies).	Fundamental Duties are confined only to the citizens of India and do not extend to foreigners.
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.
Nature	The last difference between Fundamental Rights and Fundamental Duties is that Fundamental Rights are justifiable in nature as they can be enforced legally.	Fundamental Duties are moral in nature and are based on accountability.

Fundamental Rights and Fundamental Duties

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.

• Fundamental Rights are human rights conferred on the citizens of India. An Indian citizen enjoys six fundamental Rights guaranteed by the Constitution.
• Whereas the Fundamental Duties were added to the Indian Constitution by the recommendations of the Swaran Singh Committee.
• The amendment, known as the 42nd Amendment, took place in 1976.

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 six Fundamental Rights guaranteed by the Constitution. They apply equally to all citizens irrespective of their caste, creed, religion, sex, or place of birth.

• Freedom of Speech and expression
• Freedom to assemble peacefully without arms
• Freedom of forming associations, unions, and cooperative society
• Freedom of movement
• Freedom to reside and settle
• Freedom of profession, occupation, trade, or business.

What are Fundamental Duties?

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 country’s sovereignty and integrity, promoting harmony and brotherhood, and protecting and preserving the country’s heritage, culture, environment, and public property, among other things.

Eleven Fundamental Duties

• To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
• To cherish and follow the noble ideals which inspired our national struggle for freedom.
• To uphold and protect the sovereignty, unity, and integrity of India
• To defend the country and render national service when called upon to do so
• To promote harmony and the spirit of common brotherhood amongst all the people of India, transcending religious, linguistic, and regional or sectional diversities; to renounce practices derogatory to the dignity of women.
• To value and preserve the rich heritage of our composite culture
• To protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures
• To develop the scientific temper, humanism, and the spirit of inquiry and reform
• To safeguard public property and to abjure violence
• To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement
• To who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

Conclusion:

Key Difference between Fundamental Rights and Fundamental Duties

The key difference between Fundamental Rights and Fundamental Duties is that Fundamental Rights are discussed in Part 3 of the Constitution of India, whereas Fundamental Duties are discussed under Article 51-A of Part IV A of the Indian Constitution. Fundamental Rights are defined as basic human rights and Fundamental Duties’ are defined as moral obligations.

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