Difference Between Fundamental Rights and Fundamental Duties

Fundamental Rights and Fundamental Duties are both integral parts of a country's constitution, particularly in democratic nations like India. They serve different purposes and have distinct characteristics. Here is the key difference between Fundamental Rights and Fundamental Duties:

1. Definition

Fundamental Rights

Basic human rights guaranteed to all citizens, protecting their freedom and dignity.
Enshrined in the constitution and enforceable by law.

Fundamental Duties

Obligations that every citizen is expected to perform towards the nation and society.
Enshrined in the constitution but are not enforceable by law in the same manner as Fundamental Rights.

2. Nature

Fundamental Rights

Protective and empowering; they protect citizens from the state's arbitrary actions and ensure individual freedoms.
Example: Right to Freedom of Speech, Right to Equality.

Fundamental Duties

Prescriptive and obligatory; they prescribe the moral obligations of citizens to contribute positively to society.
Example: Duty to respect the national symbols, Duty to protect the environment.

3. Constitutional Provisions (India)

Fundamental Rights

Mentioned in Part III of the Indian Constitution (Articles 12 to 35).
Includes six categories of rights: Right to Equality, Right to Freedom, right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.

Fundamental Duties

Mentioned in Part IV-A of the Indian Constitution (Article 51A).
Originally 10 duties were added by the 42nd Amendment in 1976, and an 11th duty was added by the 86th Amendment in 2002.

4. Enforcement

Fundamental Rights

Justiciable and enforceable by the judiciary. Citizens can approach the courts if their Fundamental Rights are violated.
Example: A citizen can file a writ petition in the Supreme Court or High Court if their Right to Freedom of Speech is infringed.

Fundamental Duties

Non-justiciable; there is no legal mechanism to enforce these duties directly.
They serve as moral guidelines and are expected to be followed voluntarily by citizens.

5. Purpose

Fundamental Rights

To ensure individual liberty, equality, and justice.
Protect citizens from the state's excesses and discrimination.
Example: Ensuring freedom of speech and expression allows for a democratic exchange of ideas and opinions.

Fundamental Duties

To remind citizens of their responsibilities towards the nation and society.
Promote a sense of discipline and commitment to the common good.
Example: Promoting harmony and the spirit of common brotherhood among all people of India transcends religious, linguistic, and regional diversities.

6. Examples

Fundamental Rights

Right to Equality (Article 14-18)
Right to Freedom (Article 19-22)
Right against Exploitation (Article 23-24)
Right to Freedom of Religion (Article 25-28)
Cultural and Educational Rights (Article 29-30)
Right to Constitutional Remedies (Article 32)

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 that inspired the national struggle for freedom.
To protect and improve the natural environment including forests, lakes, rivers, and wildlife.
To develop scientific temper, humanism, and the spirit of inquiry and reform.
To safeguard public property and abjure violence.

7. Global Perspective

Fundamental Rights

Similar to human rights recognized internationally.
Example: The Universal Declaration of Human Rights by the United Nations.

Fundamental Duties

Not universally prescribed but recognized in various forms in different countries.
Example: Civic duties and responsibilities mentioned in the constitutions of various democratic nations.

8. Impact

Fundamental Rights

Directly impact the legal and social framework by providing citizens with enforceable rights.
Ensure protection and promotion of individual freedoms and equality.

Fundamental Duties