The Indian Constitution mentions the Fundamental Rights in Part III Article 12 to Article 35. Furthermore, they include all the rights of an Indian citizen irrespective of any social discriminating factor. On the other hand, the Fundamental Duties are in Part IVA Article 51A. They aim to hold together the unity of India through its citizens, somewhat like a moral obligation. Moreover, Fundamental Duties act as a reminder that rights come with responsibilities. Thus, this blog will tabularise the difference between Fundamental Rights and Fundamental Duties.
Difference Between Fundamental Rights and Fundamental Duties
In addition, here is a table that maps out the difference between both:
Difference Between Fundamental Rights and Fundamental Duties | ||
Feature | Fundamental Rights | Fundamental Duties |
Definition | Rights that are guaranteed to citizens by the Indian Constitution and guarantee basic freedoms and liberties. | Duties that are expected from citizens to promote a sense of discipline and harmony in society. |
Included in Part | Part III of the Indian Constitution. | Part IV-A of the Indian Constitution. |
Article/s | Article 12 to Article 35. | Article 51A. |
Number | It was included in the Constitution via the 42nd Amendment Act in 1976, inspired by the USSR. | Initially 10, it was increased to 11 with the 86th Amendment Act of 2002. |
Borrowed from | The U.S. Constitution’s Bill of Rights. | Included in the Constitution via the 42nd Amendment Act in 1976, inspired by the USSR. |
Enforceability | Enforceable by law. Moreover, citizens can approach Courts if their Fundamental Rights are violated. | Non-enforceable by law. Additionally, No legal consequences for not fulfilling Fundamental Duties. |
Nature | Negative Rights: They limit the State’s interference in the individual’s life. | Positive Obligations: Citizens are expected to fulfil responsibilities towards the nation and society. |
Suspension | Can be suspended during Emergencies (except Article 20– Protection in respect of conviction for offences and Article 21– Protection of life and personal liberty) | Moreover, they cannot be suspended. |
Focus | Focuses on individual rights and freedoms. | Focuses on responsibilities towards the nation and society. |
Amendment | Can be amended following the procedure outlined in Article 368 of the Constitution. However, the amendment must keep the Basic Structure of the Constitution the same. | Amending Duties is a simpler process compared to Rights. |
Examples | Right to Equality Right to Freedom Right against Exploitation, etc. | Respect for the Constitution Promoting harmony and the spirit of common brotherhood among all, etc. |
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