Difference between Fundamental Rights and Fundamental Duties is explained here in detail.
Fundamental Rights are human rights conferred on the citizens of India. Seven fundamental rights were originally provided by the Constitution. Right to property was removed from Part III of the Constitution by the 44th Amendment in 1978.
The Fundamental Duties of citizens were added to the constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by the Government.
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Difference between Fundamental Rights and Fundamental Duties:-Download PDF Here
The major differences between Fundamental Rights and Fundamental Duties are:
|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 deal with Fundamental Rights.||Article 51-A, contained in Part IV A of the Constitution of India, deals with Fundamental Duties.|
|Fundamental Rights were borrowed from the Constitution of the United States of America.||Fundamental Duties were taken from the Constitution of the former Soviet Union (USSR).|
|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 uphold India’s unity.|
|Fundamental Rights are an integral part of the Constitution; hence, they 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 to suspend Fundamental Duties during an 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 the 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 Article 226, High Courts can issue writs for enforcing Fundamental Rights.||Fundamental Duties cannot be enforced through Courts.|
|Fundamental Rights are amenable on the condition that it is subject to a 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.|
After learning about the differences between Fundamental Rights and Fundamental Duties, candidates can visit the below-given links for comprehensive information on Fundamental Rights, Fundamental Duties and many other important features of the Indian Constitution.
- Fundamental Rights Article (12-35) – List of Fundamental Rights
- Fundamental Duties of Indian Citizens – Part IV – A [Article 51-A]
- Directive Principles of State Policy: Article (36-51), Part IV of Indian Constitution
- List of Important Articles in Constitution of India
- Constitution of India – An Overview
- Constitution of India – 13 Major Features
- 12 Schedules of Indian Constitution
- Difference between Fundamental Rights and Directive Principles of State Policy
- 42nd Amendment of Indian Constitution
- 44th Amendment of Indian Constitution
- Indian Polity Notes for UPSC Civil Service Exam
- Difference between Articles – Complete List (History, Geography,Polity and More)
Frequently Asked Questions about Fundamental Rights and Fundamental Duties
What are the 7 fundamental rights of India?
How many fundamental duties are there in India?
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