Difference Between Fundamental Rights and Fundamental Duties

Last Updated : 22 Feb, 2024

Fundamental Rights and Fundamental Duties are two different things. Fundamental Rights should never be confused with Fundamental duties. Fundamental Rights are the rights given to Indian citizens and Fundamental duties are roles and responsibilities that every person living in India should follow.

In this article we are going to see fundamental rights, their definition and origin, what are fundamental duties, their definition and their origin, and the difference between fundamental rights and fundamental duties.

Table of Content

What are Fundamental Rights?
What are Fundamental Duties?
Fundamental Rights vs Fundamental Duties
Difference between Fundamental Rights and Fundamental Duties

What are Fundamental Rights?

Fundamental Rights are the rights given to Indian citizens. There are a total of six fundamental rights in the Indian Constitution. Fundamental Rights are justiciable, allowing persons to move the courts for their enforcement, if and when they are violated. Fundamental Rights are guaranteed by the Indian Constitution. Fundamental rights can be suspended during a National emergency except in Articles 20 and 21.

Fundamental Rights Definition

Fundamental Rights are rights that are provided to Indian citizens for providing them equality, liberty, justice, right to live, freedom of speech, and freedom to follow any religion. These rights are enforceable by law. One has the right to file a case and move to court if anyone thinks that their rights are violated.

Origin of Fundamental Rights

The idea of Fundamental Rights is taken from the United States Constitution. The Bill of Rights in the United States of America, the Irish Constitutional Development, England’s Bill of Rights, and France’s Declaration of the Bill of Rights of Man are the sources of basic rights. Fundamental Rights are also called as Magna Carta of the Indian Constitution. Magna Carta was the first written and recorded list of fundamental rights issued by King John of England in 1215. The Fundamental Rights of the Indian Constitution was adopted on 26th January 1949 and came into effect on 26 January 1950.

Categories of Fundamental Rights

Right to Equality (Articles 14 – 18)
Right to Freedom (Articles 19-22)
Right against exploitation (Articles 23-24)
Right to freedom of religion (Articles 25-28)
Cultural and Educational rights (Articles 29-30)
Right to Constitutional Remedies (Article 32)

Initially there were seven fundamental rights provided in Indian constitution but right to property (Article 31) was deleted from the list of fundamental rights by the 44th amendment act in 1978.

What are Fundamental Duties?

Fundamental Duties are Duties which every Indian citizen should follow along with enjoying fundamental Rights. Fundamental duties are moral duties of Indian Citizen. Swaran Singh Committee was set up to recommend some of Fundamental Duties in Indian Constitution. This committee was set up by Congress government in 1976. This committee recommended eight fundamental duties while there are 11 fundamental duties in Indian constitution. Fundamental Duties are confined to Indian citizen only. They are not provided to foreign citizens.

Fundamental Duties Definition

Fundamental Duties are Duties which everyone has to follow as a responsibility toward our country. Some of them are respecting our national flag and national anthem and serving for our country, Protecting rich heritage of our country etc. Fundamental Duties are not enforceable by law and not justiciable under the provision of Indian Constitution.

Origin of Fundamental Duties

The idea of fundamental duties were inspired from USSR constitution. Swaran Singh Committee was set up in 1976 by congress government to recommend some of fundamental duties for Indian Constitution. The Fundamental duties were added in constitution by the 42nd amendment Act, 1976. The fundamental duties are present in Article 51-A of Indian Constitution. Swaran Singh committee recommended eight fundamental rights but there are 11 fundamental duties present in Indian Constitution. The 11th fundamental duty was added by 86th Constitutional Amendment Act, 2002.

List of Fundamental Duties

To abide by the Constitution and respect its ideals and institutions, the National Flag, and the National Anthem.
To cherish and follow the noble ideals which inspired the national struggle for freedom.
To uphold and protect the sovereignty, unity, and integrity of India.
To defend the country and render national service when called upon to do so.
To promote harmony and the spirit of common brotherhood among all the people of India transcending religious, linguistic, and regional or sectional diversities; to renounce practices derogatory to the dignity of women.
To value and preserve the rich heritage of our composite culture.
To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
To develop the scientific temper, humanism, and the spirit of inquiry and reform.
To safeguard public property and to abjure violence.
To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
To provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

Fundamental Rights vs Fundamental Duties

Fundamental rights are rights given to Indian citizen. Fundamental Duties are duties which every Indian citizen has to follow. There are six categories of Fundamental Rights present in Indian Constitution which includes Articles from 14-32 (except Article 31) of Indian Constitution. There are total of 11 fundamental duties present in Article 51-A of Indian Constitution. Fundamental Rights are enforceable by laws. Fundamental duties are not enforceable by laws. The provisions for violating fundamental rights are provided in Indian Constitution. One can move to court if he/she thinks that his fundamental rights are violated. There is no legal provision for fundamental duties in Indian Constitution. Fundamental rights ensures equality, liberty, freedom of expression etc. Fundamental duties ensures roles of Indian citizen toward our country such as respecting our national symbol, serve our country, protecting rich heritage of country etc.