Difference Between Fundamental Rights and Fundamental Duties

The Difference between Fundamental Rights and Fundamental Duties have been discussed below in the article.

Fundamental Rights are basic human rights granted to the citizens of India. Originally, the Constitution provided seven Fundamental Rights, but the Right to Property was removed from Part III through the 44th Amendment Act, 1978.

Fundamental Duties, on the other hand, were incorporated into the Constitution by the 42nd Amendment Act, 1976, based on the recommendations of the Swaran Singh Committee constituted by the government. 

Difference Between Fundamental Rights and Fundamental Duties

Following are the major differences between fundamental Rights and Fundamental Duties: 

Fundamental Rights

Fundamental Rights are the essential human rights guaranteed to citizens for their existence and development. They are termed fundamental for three primary reasons:

1. They are explicitly written in the Constitution.
2. They uphold democratic principles.
3. They are justiciable, meaning individuals can seek enforcement through courts.

These rights are enshrined in Part III of the Indian Constitution, spanning Articles 14 to 35. If these rights are violated, individuals can approach the courts for protection.

The Indian Constitution guarantees six Fundamental Rights to its citizens:

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

Fundamental Duties

Just as citizens enjoy Fundamental Rights, they also have Fundamental Duties. These duties call for active participation in the governance of the country by embracing responsibilities and fulfilling citizenship obligations. Fundamental Duties are outlined in Article 51A of the Indian Constitution and are embedded within various laws.

The Fundamental Duties of Indian citizens include:

• Upholding and abiding by the values of the Indian Constitution.
• Showing respect to the National Flag and National Anthem.
• Preserving the sovereignty, unity, and integrity of the country.
• Promoting national harmony and fostering a spirit of brotherhood.
• Protecting and enhancing the natural environment, including forests, rivers, lakes, and wildlife.
• Respecting and upholding the dignity of women.
• Demonstrating compassion for living beings.
• Safeguarding public property and renouncing violence.
• Providing educational opportunities to children aged 6–14 years, as a parental or guardian duty.
• Cultivating scientific temper, humanism, and a spirit of inquiry and reform.

Key Difference from Fundamental Rights: Unlike Fundamental Rights, Fundamental Duties are non-justiciable, meaning citizens cannot approach courts to enforce these duties in case of non-compliance.

Difference Between Fundamental Rights and Fundamental Duties FAQs

Q1. What is the difference between rights and duties?

Ans. Rights empower individuals to claim benefits, while duties obligate them to perform responsibilities.

Q2. What is the difference between fundamental rights and fundamental freedoms?

Ans. Fundamental rights are constitutional guarantees, while fundamental freedoms refer to liberties provided under specific fundamental rights.

Q3. What are the fundamental rights and fundamental duties of UPSC?

Ans. UPSC ensures equality in opportunity and access to public employment while adhering to its duty of impartial recruitment for civil services.

Q4. How many Fundamental Rights are guaranteed to Indian citizens, and what are some examples of these rights?

Ans. There are six Fundamental Rights, including the Right to Equality, Right to Freedom, and Right against Exploitation.

Q5. What is the legal status of Fundamental Duties, and can citizens be penalized for not fulfilling them?

Ans. Fundamental Duties are non-justiciable, but certain laws enforce penalties for specific violations, such as disrespecting the National Flag.

Q6. Can Fundamental Rights be restricted or suspended in certain situations?

Ans. Yes, Fundamental Rights can be restricted or suspended during emergencies or for reasons like public order and national security.

Q7. How do Fundamental Rights protect individuals from potential abuse of power by the State?

Ans. They act as constitutional safeguards, allowing individuals to seek judicial redress in case of State overreach.

Q8. Are Fundamental Duties applicable to all citizens, or are there any age restrictions?

Ans. Fundamental Duties apply to all citizens, but the duty to provide education applies to parents and guardians of children aged 6–14 years.