Difference Between Fundamental Rights And Fundamental Duties!

Fundamental Rights and Fundamental Duties are two important components of the Constitution. To understand FRs and FDs in detail, we need to understand the difference between Fundamental Rights and Fundamental Duties. The Constitution of India includes the Fundamental Rights, Duties, and responsibilities of the government. Several factors, including the history of the society, it is argued that the country's Constitution represents and expresses the principles and goals of its citizens. 

Every person must have certain rights, especially in a democratic nation like India. Similar to this, people in democracies have specific obligations. Because of this, the Indian Constitution gives its citizens certain rights. They're referred to as Fundamental Rights. The Indian Constitution also mentions several Fundamental responsibilities that each citizen is required to fulfil. They are referred to as Fundamental Duties.

FRs and FDs, along with the difference between Fundamental Rights and Fundamental Duties, is an important topic of the polity section in GS Paper 1 of prelims and GS Paper 2 of mains in the UPSC examination. This article will give insights on FRs, FDs and the difference between the two.

What are Fundamental Rights?

The freedom fighters of India understood the value of rights during the struggle for independence and demanded that the British monarchy preserve the rights of the people. 

The term "Fundamental" implies that certain rights are so important that the Constitution lists them separately and includes specific protections for them. These rights are necessary for two reasons. Both of them are justiciable or enforceable by courts and are mentioned in the Constitution, which guarantees them.

Part III of the Indian Constitution, from Article 14 through Article 35, outlines Fundamental rights. These Fundamental Rights are supported by and safeguarded by the Indian Constitution. Let's examine each of these rights individually:

• Right to Equality
• Right to Freedom
• Right against Exploitation
• Right to Freedom of Religion
• Culture and Educational Rights
• Right to Constitutional Remedies

The Constitution initially had seven Fundamental Rights. Apart from the six rights listed above, there was also a right to property. This right was removed from the list of Fundamental Rights in 1978 by the 44th Constitutional Amendment because it posed several obstacles to achieving socialism and a fair distribution of resources.

Some of the key characteristics of Fundamental rights in simple language:

• Universal: Every person enjoys Fundamental Rights, regardless of their colour, religion, gender, or nationality. They are intended to safeguard and maintain each person's rights and ensure that everyone receives equal treatment and access to opportunities.
• Inalienable: No government has the power to restrict or deny the Fundamental Right. They are inherent to our being and cannot be separated from individuals.
• Constitutional Protection: In a country, fundamental Rights are codified in the Constitution. They are constitutionally guaranteed protections and play a key role in the judicial system. This makes sure that the government or any other body cannot readily violate or infringe upon these rights.
• Limitations and Reasonable Restrictions: Fundamental Rights are crucial; they are not absolute. For the interest of public order, morality, national security, or the rights of others, they could be subject to some limitations and reasonable restrictions. 
• Remedies and Enforcement: There are procedures and means for enforcing Fundamental rights. People have the right to seek a remedy through law and turn to the courts for justice if these rights are infringed.

What are Fundamental Duties

Rights are frequently seen as the foundations of civilization. But only when people fulfil their duties, the rights offer true meaning. A duty is something a person is expected to perform in the interest of society.

The original Constitution, which went into effect on January 26, 1950, consisted of no mention of the duties to the citizen. It was expected that the people of a free India would willingly carry out their duty. However, things did not proceed as planned. As a result, the 42nd Constitutional Amendment added 10 Fundamental Duties to Part IV of the Constitution in 1976 under Article 51-A. 11th Fundamental Duty was added in 2002 by 86th CAA. Fundamental Duties, on the other hand, are not subject to the same legal protections as Fundamental Rights. It implies that citizens' failure to execute their Fundamental Duties is not criminally punished.

These duties serve as a moral and civic compass, guiding citizens towards responsible and active participation in building a harmonious and progressive society. Let's explore the characteristics of Fundamental Duties in simple language.

• Moral and Ethical Obligations: Fundamental Duties are rooted in moral and ethical values. Fundamental Duties emphasize the importance of preserving values like honesty, regard for others, and advancing societal well-being. These duties serve to remind us of our responsibility as responsible citizens.
• Voluntary Nature: Fundamental Duties are voluntary in nature, unlike Fundamental Rights that can be enforced through legal remedies. They emphasize the importance of individuals willingly and conscientiously fulfilling their obligations towards society. While they are not legally enforceable, they carry immense social and moral significance.
• Citizen-Centric Approach: Fundamental Duties are citizen-centric, applying to all citizens of India. They promote a diverse group of people to feel unity and responsibility for one another. Every citizen, regardless of caste, creed, religion, or gender, is required to keep these duties as an expression of their dedication to the development of the country.
• Complementary to Rights: Fundamental Duties complement Fundamental Rights and work in harmony with them. While Fundamental Rights protect individual liberties, Fundamental Duties remind us that exercising those rights should not infringe upon the rights of others or the welfare of society. They act as a balancing force, ensuring the responsible exercise of our rights.
• Societal Welfare: Fundamental Duties aim is to promote the welfare and development of society. These responsibilities motivate citizens to actively promote social harmony and safeguard the environment.
• Non-Justiciable: Fundamental Duties cannot be enforced through the legal system like Fundamental Rights. They are not enforceable in a court of law. However, they play an important role in shaping the social and moral fabric through their influence on people's behaviour and conduct.

Difference between Fundamental Duties and Fundamental Rights

A table highlighting the difference between Fundamental Rights and Duties is given below:

Similarities between Fundamental Rights and Fundamental Duties

As discussed in the article Fundamental Rights and Fundamental Duties are different from each other, but these two concepts are also similar to each other. Similarities between the two are discussed below in the table:

Conclusion

Fundamental Rights are the rights that individuals possess and are protected by the Constitution. They focus on safeguarding individual freedoms and liberties, such as the right to equality, freedom of speech, religion, and expression. These rights can be claimed and exercised by individuals and can be legally enforced and protected through the courts.

On the other hand, Fundamental Duties are the Duties that individuals are expected to fulfill towards the nation and society. They emphasize civic responsibilities and obligations such as upholding the sovereignty of the nation, respecting its symbols, promoting harmony, and protecting the environment. While Fundamental Duties are not legally enforceable, they are considered morally binding and reflect the responsibility of individuals toward the welfare of the nation.

Fundamental Rights grant individuals certain protections and freedoms, while Fundamental Duties emphasize the responsibilities individuals have towards the nation and society. While Fundamental Rights can be legally enforced and protected, Fundamental Duties are more of a moral obligation for citizens to contribute to the betterment of the nation.

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