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Difference Between Fundamental Rights and Fundamental Duties
Fundamental Rights are human rights granted to Indians. The Constitution initially established seven essential rights. The 44th Amendment removed the right to property from Part III of the Constitution in 1978. The 42nd Amendment to the Constitution introduced the Fundamental Duties of Citizens to the Constitution in 1976, based on the recommendations of the Swaran Singh Committee, which was appointed by the government.
What are Fundamental Rights?
Fundamental rights are fundamental human rights granted to citizens by a country's constitution. They are enshrined in Part III, Article 12-35, of the Indian Constitution and are legally enforceable.
Indian citizens enjoy six fundamental rights guaranteed by the constitution. They apply equally to all citizens, irrespective of their caste, creed, religion, sex, or birthplace.
Freedom of Speech and Expression
Freedom to assemble peacefully without arms
Freedom of forming associations, unions, and cooperative societies
Freedom of movement
Freedom to reside and settle
Freedom of profession, occupation, trade, or business.
FRs can be divided into three categories
Individual Rights − These are the rights that every individual has. This area includes, for example, the right to equality, the freedom of speech and expression, and so on.
Collective Rights − These mostly consist of rights bestowed upon a group of persons, such as the jury system, the right against exploitation, and so on. These rights exist to safeguard a certain group of people against exploitation or other forms of injustice.
Abridged Rights − As the name implies, there are limitations on individual and collective rights, such as the ability to limit fundamental rights in times of emergency, and so on.
What are Fundamental Duties?
Fundamental Duties are the moral obligations put on citizens to maintain unity in diversity and foster patriotism. On the proposal of the Swaran Singh Committee, the 42nd Amendment Act of 1976 included the Fundamental Duties.
Part IV A, Article 51-A of the Constitution, covers them.
The Indian Constitution lists eleven Fundamental Duties.
They include, among other things, adhering to the Constitution, defending the country's sovereignty and integrity, encouraging unity and fraternity, and conserving and maintaining the country's legacy, culture, environment, and public property.
There are 11 Fundamental Duties under Article 51-A that every Indian citizen must follow:
Abide by the Indian Constitution and its principles and institutions, as well as the national flag and the national anthem.
Respect and uphold the great principles that motivated the country's fight for freedom.
Maintain and safeguard India's sovereignty, unity, and integrity.
When called upon, defend the country and provide national service.
Promote unity and a sense of shared brotherhood among all Indians, transcending differences in language, geography, and religion, and repudiate traditions that are disrespectful to women's dignity.
Value and protect the country's diverse cultural heritage.
To preserve and develop the natural environment, including woods, lakes, rivers, and animals, as well as to have compassion for all living things.
Develop a scientific temperament, humanism, and an inquiring and reforming attitude.
To protect public property and to avoid violence.
Strive for excellence in all aspects of individual and communal endeavor so that the country is always striving for greater levels of effort and performance.
Give his child or ward aged six to fourteen educational opportunities. The 86th Constitutional Amendment Act of 2002 introduced this obligation.
Fundamental Rights versus Fundamental Duties
The given table highlights the major differences between Fundamental Rights and Fundamental Duties:
|Fundamental Rights||Fundamental Duties|
|Part 3 of the Indian Constitution comprises the Fundamental Rights given to Indian people. Fundamental Rights are addressed in Articles 12-35 of the Indian Constitution.||Article 51-A of Part IV A of the Indian Constitution deals with Fundamental Duties.|
|The fundamental rights were borrowed from the United States Constitution.||Fundamental Duties were borrowed from the former Soviet Union's Constitution (USSR).|
|Fundamental Rights are the fundamental human rights of all citizens. These rights, as outlined in Part III of the Constitution, were applicable regardless of race, place of birth, religion, caste, creed, or gender.||The Fundamental Duties are regarded as all citizens' moral responsibility to promote patriotism and preserve India's unity.|
|Fundamental rights are guaranteed by the Constitution and hence cannot be revoked. During a national emergency, fundamental rights might be suspended. The rights granted by Articles 20 and 21, however, cannot be suspended.||Fundamental Duties can be revoked. During an emergency, however, the necessity to suspend Fundamental Duties does not exist.|
|The Fundamental Rights are not absolute since they can be managed and subject to reasonable constraints for the general welfare||Fundamental Duties are absolute in nature.|
|Not all Indian citizens have complete access to Fundamental Rights. Personnel from the Indian Military are one example.||All Indian citizens, including Indian military personnel, are subject to fundamental duties.|
|Fundamental rights are enforced by the Supreme and High Courts. The Supreme Court has the authority to enforce Fundamental Rights under Article 32. According to Article 226, High Courts have the authority to issue writs to enforce Fundamental Rights.||Fundamental duties cannot be enforced by the courts.|
|Fundamental Rights are amenable on the condition that it is subject to a basic structure.||Fundamental Duties are absolutely amenable.|
|Some Fundamental Rights are available only to Indian citizens, whilst others are open to foreigners as well.||Fundamental Duties are exclusively available to Indian citizens. Foreigners are not granted or bound by Fundamental Duties.|
|Some Fundamental Rights are available against an individual, while others are available against the State.||Obligations of Fundamental Duties are demanded less of an individual and more of a country or society as a whole.|
The Fundamental Rights and Duties are the most fundamental sections of our constitution. The goal of these laws is to establish a fair society in which everyone has an equal opportunity to acquire fundamental rights and obligations without discrimination. This is why, according to our constitution, everyone is equal before the law, regardless of caste, creed, or religion. By recognizing these essential obligations, India has taken a significant step toward establishing a just and equitable society based on equality. As a result, it is critical for every citizen to be aware of their rights as well as their responsibilities in order to contribute to the growth of our nation by adhering to the laws enacted with good intentions for their benefit.
Frequently Asked Questions
Q1. What is the difference between rights and duties?
Ans. Rights are principles of legal, social, or ethical freedom to which individuals are entitled by a governing entity. Duties, on the other hand, are the responsibilities or obligations of an individual imposed by the governing body on the said individual.
Q2. How are the fundamental duties related to the fundamental rights?
Ans. The Fundamental Rights provide the important natural rights required for human growth in Part III of the Constitution. They are enforceable in a court of law. Fundamental duties, on the other hand, are not enforceable but are always taken into consideration when interpreting any fundamental right.
Q3. Who can claim fundamental rights?
Ans. Rights are social claims, and the Fundamental Rights protected by Articles 14, 20, 21, 21A, 22–28 are available to all individuals, whether Indian citizens or foreigners, without which no man can offer his best to society.
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