The Difference Between Fundamental Rights and Fundamental Duties
Fundamental rights and fundamental duties are two essential concepts that exist in the constitution of India. The constitution of India guarantees fundamental rights and also imposes fundamental duties on its citizens. While fundamental rights are mostly associated with individual freedom, fundamental duties emphasize the fulfillment of an individual’s obligations towards society. In this article, we will explore the differences between fundamental rights and fundamental duties.
Definition and Features of Fundamental Rights
Fundamental rights are the basic rights that the constitution of India provides to its citizens. These rights are enshrined in Part III of the constitution of India, and they help individuals to lead a dignified and respectable life. Some of the fundamental rights guaranteed by the constitution include the right to life and liberty, right to equality, freedom of speech and expression, right to education, among others.
Fundamental rights are absolute and are enforceable. They are protected by the judiciary and can be claimed by an individual against the state or government. Fundamental rights are available to all citizens of India, regardless of their caste, creed, religion, or gender.
Definition and Features of Fundamental Duties
Fundamental duties are the responsibilities that the constitution of India imposes on its citizens. These duties are enshrined in Part IV-A of the constitution and comprise ten fundamental duties. These duties were added to the constitution by the 42nd Amendment Act in 1976. Some of the fundamental duties include respecting the national flag and the national anthem, promoting harmony, safeguarding public property, among others.
Fundamental duties are not enforceable by law, and no legal action can be taken against a person for not fulfilling them. However, they are an important part of civic education and help in creating a responsible and aware citizenry. The constitution of India recognizes that the individual and society are interdependent and that the fulfillment of fundamental duties is essential for the progress of the country.
The Key Differences between Fundamental Rights and Fundamental Duties
The following are some of the key differences between fundamental rights and fundamental duties:
1. Nature: Fundamental rights are individual-centric and protect the freedoms and liberties of an individual. On the other hand, fundamental duties are society-centric and emphasize an individual’s responsibilities towards society.
2. Enforceability: Fundamental rights are absolute and enforceable by law. If an individual’s fundamental rights are violated, they can seek legal recourse. On the other hand, fundamental duties are not enforceable, and no legal action can be taken against an individual for not fulfilling them.
3. Content: Fundamental rights are listed in Part III of the constitution and include rights like the right to life and liberty, right to equality, and freedom of speech and expression. On the other hand, fundamental duties are listed in Part IV-A of the constitution and include duties like respecting the national flag and the national anthem, promoting harmony, and safeguarding public property.
In conclusion, both fundamental rights and fundamental duties are crucial components of the constitution of India. While fundamental rights protect individual freedoms and liberties, fundamental duties emphasize the responsibilities of citizens towards society. By understanding the differences between these two concepts, citizens can appreciate their obligations towards society and work towards building a strong, inclusive, and progressive India.
Table difference between fundamental rights and fundamental duties
| Features | Fundamental Rights | Fundamental Duties |
|---|---|---|
| Purpose | Ensures individual freedom and protects against discrimination | Encourages citizens to be responsible towards the nation |
| Enforcement | Judicial remedies are available in case of infringement of rights | No judicial remedies are available in case of non-compliance with duties |
| Origin | Enshrined in the Constitution of India | Added to the Constitution by the 42nd Amendment Act, 1976 |
| Applicability | Applies to all citizens of India | Applies to all citizens of India, except for those in Jammu and Kashmir |
| Number | There are six fundamental rights under the Constitution | There are eleven fundamental duties under the Constitution |
| Enforcement Agency | The Supreme Court and High Courts are empowered to protect the fundamental rights | No specific agency is empowered to enforce the fundamental duties |