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Difference Between Fundamental Rights and Fundamental Duties

Difference Between Fundamental Rights and Fundamental Duties

In the realm of governance and the rights of citizens, it is essential to understand the Difference between Fundamental Rights and Fundamental Duties. These two components form the bedrock of the Constitution of India, outlining the rights and responsibilities of every individual within the country. While Fundamental Rights protect the liberties and freedoms of citizens, Fundamental Duties emphasize their obligations towards the country and society at large. This article explores the contrasting aspects of these two pillars, shedding light on their significance in shaping a just and responsible society.

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Fundamental Rights and Fundamental Duties Key Differences

Here is a table that provides you with the difference between Fundamental Rights and Fundamental Duties:

Aspect Fundamental Rights Fundamental Duties
Definition Constitutional provisions grant legal entitlements to individuals, ensuring their protection and freedom from arbitrary actions by the state or other citizens. These rights are considered essential for the development of the individual and the protection of their dignity and liberties. Moral and ethical obligations that highlight the responsibilities of citizens towards the nation and society. These duties emphasize the importance of active participation and social consciousness to promote the collective well-being and development of the nation.
Constitutional Basis Enshrined in Part III (Articles 12 to 35) of the Indian Constitution, establishing them as legally enforceable rights. These rights are justiciable, which means individuals can approach courts to seek redressal if their rights are violated. Enshrined in Part IV-A (Article 51-A) of the Indian Constitution through the 42nd Amendment. While they are an integral part of the Constitution, they are non-justiciable, which means they cannot be directly enforced through courts. They serve as guiding principles for voluntary fulfilment by citizens.
Scope Empower individuals by securing their rights and freedoms. Fundamental Rights guarantee various aspects of life, such as equality before the law, freedom of speech, right to education, right to religion, and protection from discrimination. Emphasize the responsibilities and duties of individuals towards society and the nation. Fundamental Duties cover a wide range of areas, including respect for national symbols, protection of the environment, promoting scientific temper, and contributing to the welfare of others.
Individual Focus Protect and promote the interests of individuals, safeguarding their dignity, equality, and liberty. Stress the role of individuals as responsible and conscientious members of society. Citizens are encouraged to actively participate in activities that contribute to the betterment of the nation and society as a whole.
State’s Obligation The state is obligated to ensure the protection of citizens’ Fundamental Rights and must refrain from violating or curtailing these rights. While the state encourages citizens to fulfil their Fundamental Duties, it does not have a direct role in enforcing them, as they are moral and voluntary in nature. The government may create policies and programs to promote awareness and adherence to these duties.
Nature of Rights/Duties Fundamental Rights are the rights that individuals possess, and the state has an obligation to uphold and protect them. They are considered legally enforceable entitlements. Fundamental Duties are the duties that individuals voluntarily undertake, reflecting their commitment to the nation and society. They are considered moral and ethical obligations and are intended to promote a sense of civic responsibility and social consciousness.
Examples Right to Equality, Right to Freedom of Speech, Right to Education, Right to Religion, Right to Life, etc. Duties to uphold the sovereignty and integrity of India, to defend the country, to promote harmony, to value and preserve the rich heritage of the nation, to protect natural resources, to develop a scientific temper, to strive for excellence, etc.

Difference Between Fundamental Rights and Fundamental Duties UPSC 

The difference between Fundamental Rights and Fundamental Duties is crucial for the UPSC exam. It falls under the UPSC Syllabus, which requires aspirants to understand the Indian Constitution’s provisions and the governance framework. Fundamental Rights are justiciable and enforceable, ensuring individual liberties, while Fundamental Duties are non-justiciable, guiding citizens towards their duties for our nation. Understanding this distinction aids aspirants in tackling questions related to the Indian Constitution, governance, and the delicate balance between individual rights and the state’s responsibility to uplift society. Aspirants can prepare such topics through UPSC Online Coaching and UPSC Mock Test.

Read about: Salient Features of Constitution of India

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Difference Between Fundamental Rights and Fundamental Duties FAQs

What is difference between fundamental rights and Fundamental Duties?

Fundamental Rights are legal entitlements that protect and empower individuals, while Fundamental Duties are moral and ethical obligations that emphasize citizens' responsibilities towards the nation and society.

What is the difference between fundamental and human rights?

Fundamental Rights are a subset of Human Rights, which encompass a broader range of rights and freedoms recognized internationally.

Why Fundamental Duties are called fundamental?

Fundamental Duties are called fundamental because they are an integral part of the Indian Constitution, serving as guiding principles for citizens' voluntary fulfillment.

Why fundamental rights are called human rights?

Fundamental Rights are called human rights because they are inherent to all individuals, irrespective of nationality, and promote human dignity and equality.

How many types of fundamental rights are there?

There are six types of Fundamental Rights in the Indian Constitution, namely Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.

About the Author

I, Sakshi Gupta, am a content writer to empower students aiming for UPSC, PSC, and other competitive exams. My objective is to provide clear, concise, and informative content that caters to your exam preparation needs. I strive to make my content not only informative but also engaging, keeping you motivated throughout your journey!

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