Part 3 of the Constitution of India contains the Fundamental Rights guaranteed to the citizens of India. Articles 12-35 of the Constitution of India deals with Fundamental Rights. Article 51-A contained in the Part IV A of the Constitution of India deals with Fundamental Duties.
Fundamental Rights was borrowed from the Constitution of United States of America Fundamental Duties were taken from the Constitution of the former Soviet Union (USSR).
The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, applied irrespective of race, place of birth, religion, caste, creed, or gender. The Fundamental Duties’ are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India.
Fundamental Rights are an integral part of the Constitution hence it cannot be taken away. Fundamental rights can be suspended during a national emergency. But, the rights guaranteed under Articles 20 and 21 cannot be suspended. Fundamental Duties can be taken away. However the need for suspension of Fundamental Duties during emergency does not arise.
The Fundamental Rights are not absolute because they can be controlled and are subject to reasonable restrictions for the protection of general welfare Fundamental Duties are absolute in nature
Not all the citizens of India can enjoy Fundamental Rights absolutely. An example would be personnel belonging to the Indian Military. Fundamental Duties are extended to all Indian Citizens including Personnel belonging to Indian Military.
Fundamental Rights are enforceable through the Supreme Court and High Courts. As per Article 32, the Supreme Court can enforce Fundamental Rights. As per Articles 226, High Courts can issue writs for enforcement of Fundamental Rights Fundamental Duties cannot be enforced through Courts.
Fundamental Rights are amenable on the condition that it is subject to basic structure Fundamental Duties are absolutely amenable
Some of the Fundamental Rights are available exclusively to the Citizens of India only, whereas some of the Fundamental Rights are extended to foreigners as well. 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. There is no scope for guaranteed economic rights, since it doesn’t mention anything about a guaranteed job. Fundamental duties are political, social and economic in character.
Some of the Fundamental Rights are available against an individual and some of the Fundamental Rights are available against the State as well. Obligations of Fundamental Duties are expected less towards an individual and as a whole towards a nation or society.
Fundamental Rights and Fundamental Duties both emanate from the Constitution and the difference therein lies between the connotation of the terms ‘Rights’ and ‘Duties’.
A Fundamental Right is a right vested in you guaranteed by the Constitution which gives effect to your optimum realization as a citizen of your Country and even more so as a human being. Therefore, your right to free speech, education, shelter et al are your fundamental rights - impregnable, untouchable and unfettered (subject to reasonable restraints in the interest of national security, public order, decency, morality, etc). So in the event you are deprived in the exercise of your FRs, you have a redress in the Courts against the State.
Fundamental Duties on the other hand are guiding principles and directions for the citizens and the State to ensure collective action towards welfare of the society. So the duty to preserve your heritage, to respect national symbols, to keep your surroundings clean et al is a duty which one cannot have a redress against in the Courts but in good faith is expected to follow to ensure a a well functioning society.
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Fundamental Rights Fundamental Duties
Part 3 of the Constitution of India contains the Fundamental Rights guaranteed to the citizens of India. Articles 12-35 of the Constitution of India deals with Fundamental Rights. Article 51-A contained in the Part IV A of the Constitution of India deals with Fundamental Duties.
Fundamental Rights was borrowed from the Constitution of United States of America Fundamental Duties were taken from the Constitution of the former Soviet Union (USSR).
The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, applied irrespective of race, place of birth, religion, caste, creed, or gender. The Fundamental Duties’ are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India.
Fundamental Rights are an integral part of the Constitution hence it cannot be taken away. Fundamental rights can be suspended during a national emergency. But, the rights guaranteed under Articles 20 and 21 cannot be suspended. Fundamental Duties can be taken away. However the need for suspension of Fundamental Duties during emergency does not arise.
The Fundamental Rights are not absolute because they can be controlled and are subject to reasonable restrictions for the protection of general welfare Fundamental Duties are absolute in nature
Not all the citizens of India can enjoy Fundamental Rights absolutely. An example would be personnel belonging to the Indian Military. Fundamental Duties are extended to all Indian Citizens including Personnel belonging to Indian Military.
Fundamental Rights are enforceable through the Supreme Court and High Courts. As per Article 32, the Supreme Court can enforce Fundamental Rights. As per Articles 226, High Courts can issue writs for enforcement of Fundamental Rights Fundamental Duties cannot be enforced through Courts.
Fundamental Rights are amenable on the condition that it is subject to basic structure Fundamental Duties are absolutely amenable
Some of the Fundamental Rights are available exclusively to the Citizens of India only, whereas some of the Fundamental Rights are extended to foreigners as well. 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. There is no scope for guaranteed economic rights, since it doesn’t mention anything about a guaranteed job. Fundamental duties are political, social and economic in character.
Some of the Fundamental Rights are available against an individual and some of the Fundamental Rights are available against the State as well. Obligations of Fundamental Duties are expected less towards an individual and as a whole towards a nation or society.
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Fundamental Rights and Fundamental Duties both emanate from the Constitution and the difference therein lies between the connotation of the terms ‘Rights’ and ‘Duties’.
A Fundamental Right is a right vested in you guaranteed by the Constitution which gives effect to your optimum realization as a citizen of your Country and even more so as a human being. Therefore, your right to free speech, education, shelter et al are your fundamental rights - impregnable, untouchable and unfettered (subject to reasonable restraints in the interest of national security, public order, decency, morality, etc). So in the event you are deprived in the exercise of your FRs, you have a redress in the Courts against the State.
Fundamental Duties on the other hand are guiding principles and directions for the citizens and the State to ensure collective action towards welfare of the society. So the duty to preserve your heritage, to respect national symbols, to keep your surroundings clean et al is a duty which one cannot have a redress against in the Courts but in good faith is expected to follow to ensure a a well functioning society.