Difference between Fundamental Rights and Fundamental Duties
Red Book
Red Book

Fundamental Rights and Fundamental duties  are correlative and inseparable. Also, the original constitution contained only the fundamental rights and not the fundamental duties.

  • The fundamental duties of citizens were added in the Constitution later in 1976 on the recommendation of Swaran Singh Committee.
  • In 2002, one more Fundamental Duty was added.

Although both, Fundamental Rights and Fundamental Duties, are inseparable, there are certain differences between them. In this article, we will discuss these differences:

Fundamental Rights
Fundamental Duties
Rights guaranteed by the Constitution to the citizens.
They are moral and civic duties expected out of the citizens.
Covered under Part III of the Constitution mentions Fundamental Rights.Covered under Part IVA of the Constitution mentions the Fundamental Duties.
Articles 12 to 35 deal with Fundamental Rights.Article 51A deals with Fundamental Duties.
Borrowed from US Constitution (Bill of Rights) Borrowed from USSR Constitution.
Some of them are available only to the citizens while others are available to all persons whether citizens, foreigners or legal persons like corporations or companies.

Confined to citizens only and do not extend to foreigners.

They are justiciable in the court of law. An individual can move to the court if his Fundamental Rights are violated.They are non-justiciable.
They are directly enforceable.The Constitution does not provide for their direct enforcement by the courts.

  • However, the Parliament is free to enforce them by suitable legislation.

 

Fundamental rights and Fundamental duties are both integral to our society because rights without responsibilities will lead to anarchy.

Till next time.

Read more: Other articles in the ‘difference between’ series
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