What is the difference between Fundamental Rights and Fundamental Duties
In the article below one can find the complete list of differences between Fundamental Rights and Fundamental Duties. These two are very different terms and important from the aspect of Indian Polity. Take a look below.
Fundamental Rights and Duties
What are Fundamental Rights and Fundamental Duties?
Fundamental Rights are the Constitutionally provided set of basic freedom to citizens of India. These are present in Part III of the Indian Constitution between Articles 12 to 35.
- Right to equality
- Right to freedom
- Right against exploitation
- Right to freedom of religion
- Cultural and Educational Rights
- Right to property
- Right to constitutional remedies
Fundamental Duties are were added by the 42nd amendment to the Constitution and adopted in 1976. They make the citizens maintain the noble ideas of India's freedom struggle and defends the country to render national service when called on. These are included in Article 51A of the Constitution.
Difference between Fundamental Right and Fundamental Duty
|Fundamental Rights||Fundamental Duties|
|It is present in the Part 3 of the Constitution of India. Articles 12-35 of the Constitution of India deals with them.||These are mentioned in Article 51-A contained in the Part IV A of the Constitution|
|This is a borrowed concept from the Constitution of United States of America||This concept is borrowed from the Constitution of the former Soviet Union.|
|Fundamental Rights are defined as the basic human rights to be possessed by every citizen. These are provided irrespective of race, place of birth, religion, caste, creed, or gender.||These are the moral obligations of the citizens to be paid back as a service to the nation|
|Fundamental Rights are an integral part of the Constitution hence it cannot be taken away.||Fundamental Duties can be taken away.|
|Fundamental rights can be suspended during a national emergency but those rights guaranteed under Articles 20 and 21 cannot be suspended at any cost.||There isn't any need for suspension of Fundamental duties during emergency|
|The Fundamental Rights are not absolute||Fundamental Duties are absolute in nature|
|Fundamental Rights are enforceable through courts. Its mentioned in Article 32 that the Supreme Court can enforce Fundamental Rights. The High Courts can also issue writs for enforcement of Fundamental Rights as [er Article 226.||Fundamental Duties are not enforceable through Courts.|
|Some Fundamental Rights are available only to the Citizens of India, while some of the Fundamental Rights are available to foreigners too.||Fundamental Duties are provided only to the citizens of India. Fundamental Duties are not extended or binding on Foreigners.|
|Fundamental Rights are Political and Social in character.Economic rights are not guaranteed.||Fundamental duties are political, social and economic in character.|
|Fundamental rights are applicable to individuals and state both||Obligations of Fundamental Duties are expected less towards an individual and as a whole towards a nation or society.|
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