Difference between

Fundamental Rights and

Fundamental Duties

Table of Contents
 Introduction
 What are Fundamental Rights
o Right to Equality (Articles 14-18)
o Right to Freedom (Articles 19-22)
o Right against Exploitation (Articles 23-24)
o Right to freedom of religion (Articles 25-28)
o Cultural and Educational Rights (Articles 29-30)
 What are Fundamental Duties
 Enforcement of Fundamental Rights
 How is the performance of Fundamental Duties ensured
 Can one be punished if they do not perform their Fundamental Duties
 Difference between Fundamental Rights and Fundamental Duties
 Conclusion
 Frequently Asked Questions (FAQs)
o
 Are Fundamental Rights absolute or qualified?
 What is the difference between Fundamental Rights and Duties?
 What is the relationship between Fundamental Rights and
Fundamental Duties?

Introduction
The Indian Constitution is the supreme law of the country. It contains within
it the Fundamental Rights, Duties, Directive Principles, and Duties of the
government. It was drafted by the Constituent Assembly chaired by Dr. B.R.
Ambedkar in the year 1947, and it came into force on 26th January 1950.
Since then, there have been various amendments to the Constitution, among
which were the additions of Fundamental Duties by the 42nd and 86th
Constitutional Amendments. The existence of two “fundamentals” raises the
question as to what is the difference between the two? Are both legally
enforceable? What is the need of either of the two? In this article, we’ll
endeavour to answer these and a few other questions.
What are Fundamental Rights
As the name suggests, fundamental means something that is necessary in
order for something else to function. Thus, Fundamental Rights are basic
human rights that are available to the citizens of India irrespective of place of
birth, religion, or gender. They are the foundation of any democracy as it
enables the people living in a democratic society to achieve their potential
without fearing suppression. These rights ensure individual liberty. In India,
these rights are provided in Part III of the Indian Constitution, from Article
14 to Article 35. The Indian Constitution guarantees and protects these
Fundamental Rights. Let’s look at each one of these rights:

 Right to Equality
 Right to Freedom
 Right against Exploitation
 Right to Freedom of Religion
 Culture and Educational Rights
 Right to Constitutional Remedies

Right to Equality (Articles 14-18)

 Article 14 – Equality before the law
This Article states that all individuals are equal in the eyes of the law and are
treated equally. It also states that individuals enjoy equal protection of the
law. This means that in similar situations, individuals will be treated in the
same manner.

 Article 15 – Prohibition from Discrimination

This Article prohibits discrimination of any kind. No individual can be
discriminated against based on religion, race, sex, caste, or place of birth.
This Article is further divided into 4 parts:

1. Article 15 (1) – This Article prohibits the state from

discriminating against any individual.
2. Article 15 (2) – This Article states that no person shall be denied
access to any public place like railway stations or use public facilities
like wells, roads, etc.
3. Article 15 (3) – This Article provides that the State shall make
special provisions for women and children.
 4. Article 15 (4) – This Article allows the state to make special
provisions for weaker sections of the society like the scheduled
caste, scheduled tribe, and other weaker sections recognized by the
government.

 Article 16 – Equality of opportunity and matters of public employment

This article aims to provide equal opportunity to the citizens in employment
provided by the State. This Article is further divided into 5 parts:

1. Article 16 (1) – This Article states that all citizens should be given
equal opportunity in matters of employment.
2. Article 16 (2) – This Article prohibits discrimination in matters of
employment provided by the State.
3. Article 16 (3) – This Article allows the parliament to make laws that
require residential requirements for public employment.
4. Article 16 (4) – This Article allows the parliament to make special
provisions for weaker sections of the society in matters related to
public employment.
5. Article 16 (5) – This Article permits the parliament to make laws that
require a person belonging to a particular religion to be appointed in an
institution of that religion.

 Article 17- Abolition of Untouchability

This Article prohibits the practice of untouchability. Practising untouchability
in any form is a punishable offence.

 Article 18 – Abolition of Titles

This Article prohibits the State from conferring titles. However, the State is
not prohibited from conferring titles that are academic or military in nature.

Right to Freedom (Articles 19-22)

 Article 19
This Article guarantees 6 freedoms to the citizens of India.

1. Freedom of speech and expression

2. Freedom of peaceful assembly without arms
3. Freedom of forming associations or unions
4. Freedom of movement throughout the territory of India
5. Freedom of residence and settlement in any part of the territory of
India
6. Freedom of profession, occupation, trade, or business
  Article 20
Protection in respect of conviction for offences

This Article provides protection to individuals accused of crimes. It has 3 sub-

clauses:

 Article 20 (1)- this Article provides that no person shall be punished for
acts that were not punishable at the time of commission.
 Article 20 (2)- this Article states that a person cannot be prosecuted
and punished for the same offence more than once.
 Article 20 (3)- this Article states that no person accused of a crime can
be compelled to be a witness against himself.
 Article 21
Protection of life and personal liberty

This Article provides the right to life and personal liberty. No person can be
deprived of this right except according to the procedure established by law.

 Article 22
Protection against arrest and detention in certain cases

This Article provides procedural safeguards to individuals in case of arrests

like the right to be informed of the grounds of arrest and the duty of the
police authorities to produce the arrested individual before a magistrate
within 24 hours.

Right against Exploitation (Articles 23-24)

 Article 23
Prohibition of traffic in human beings and forced labour

This Article prohibits human trafficking and any kind of forced labour.

 Article 24
Prohibition of employment of children

This Article prohibits children below the age of 14 years to be employed in

hazardous places like factories or mines.
Right to freedom of religion (Articles 25-28)
 Article 25
Freedom of conscience and religion

This Article ensures freedom of religion for every citizen of the country.

 Article 26
Freedom to manage religious affairs

This Article gives every religious order the right to establish and maintain
religious institutions and manage their affairs.

 Article 27
Freedom as to payment of taxes for promotion of any particular
religion

This Article provides that no taxes shall be imposed by the state for the
promotion and maintenance of a particular religion.

 Article 28
Freedom as to attendance at religious instruction or religious
worship in certain educational institutions

This Article provides that religious groups can establish educational

institutions to disseminate religious instruction.

Cultural and Educational Rights (Articles 29-30)

 Article 29
Protection of interest of minorities

This Article provides that a community of people has the right to conserve
their language, script, or culture.

 Article 30
Right of minorities to establish and administer educational
institutions

This Article permits religious and linguistic minorities to establish educational

institutions.
Right to Constitutional Remedies (Article 32)

 Article 32
This Article guarantees remedies in cases of violation of the fundamental
rights of citizens. This permits citizens to approach the Supreme Court if their
fundamental rights are violated.

It is to be noted that the Right to Property was initially a fundamental

right. At present, it is a legal right under Article 300A.

What are Fundamental Duties

Fundamental Duties are moral obligations of the citizens towards the
country. They are provided in Article 51A, Part IVA of the Indian Constitution.
Originally, these weren’t a part of the Constitution. They were added by the
42nd and 86th Constitutional Amendment Acts, which were recommended by
the Swaran Singh Committee. The concept of Fundamental Duties was
borrowed from the USSR. These duties were drafted to prepare an ethical,
moral, and cultural code of conduct. These are to be followed by citizens to
protect the sovereignty, unity, and integrity of the country.

At first, there were 10 Fundamental Duties that were added by the 42nd
Amendment, and later on, one more was added by the 86th Amendment.
The 11 Fundamental Duties are as follows:

1. To abide by the Constitution and respect the Indian flag and the
National Anthem.
2. To follow the ideas that inspired the freedom struggle.
3. To uphold and protect the sovereignty, unity, and integrity of India.
4. To defend the country and serve the nation when called upon.
5. To promote harmony and brotherhood among the people of India; to
renounce derogatory practices that demean women.
6. To value and preserve the rich heritage of our culture.
7. To protect and improve the natural environment and have compassion
for living creatures.
8. To develop scientific temper, humanism, and spirit of inquiry.
9. To protect public property.
10. To strive towards excellence in all spheres of individual and collective
activities.
11. To provide educational opportunities to children between 6-14 years of
age and the duty of parents to ensure the same.
Enforcement of Fundamental Rights
We have seen that there are certain fundamental rights available to the
citizens of this country. Now the question that arises is how are these rights
enforced? What gives these rights the power to eclipse a proposed law?

The answer lies in Article 13 of the Indian Constitution. This Article

empowers the Fundamental Rights that are available to citizens. Basically,
Article 13 shields these Fundamental Rights from infringement by the
government. Article 13(1) states that any law in force before the
commencement of the Constitution, as far as they are inconsistent with any
Fundamental Right, will be void. This means that any pre-Constitution era
law, that is in force but has some part of it that is infringing these
Fundamental Rights, that part of the law will become void from the date on
which the Constitution of India came into effect, which is 26th January 1950.
Article 13(2) declares that the State shall not make any law that takes away
or alters Fundamental Rights. Also any such law, to the extent of the
infringement, shall be void. This means that the State cannot abuse its
powers and meddle with the Fundamental Rights of the citizens.

Now, there needs to be a remedy if there is a right, or else it will be just

words on a paper and nothing more. For this, the Constitution-makers have
provided the ultimate defence. Article 32 of the Indian Constitution is this
ultimate defence. It states that infringement of the Fundamental Rights of a
citizen would allow them to approach the highest court of the country, the
Supreme Court. So when the State deprives the individual of his fundamental
right, he can approach the Supreme Court for legal remedy. It is important
to note that Article 32 is itself a Fundamental Right, thereby ensuring that
the state cannot take away this power from the citizens. Article 226 also
allows the citizens to approach the High Courts for the same. Some key
differences to note here are that Article 32 is a Fundamental Right and Article
226 is a legal right. The scope of the High Courts is wider as they can issue
writs for infringement of legal rights in addition to fundamental rights unlike
the Supreme Court, which can only issue writs in cases of violation of
fundamental rights.

How is the performance of Fundamental

Duties ensured
If Fundamental Duties are moral obligations towards the country, then how is
the performance of these duties ensured? It is important to note that
Fundamental Duties are non-justiciable. This means a person cannot be
punished for not performing his fundamental duties. The reasons for this are
discussed in the next section below. It is also important to note that there is
nothing in the Constitution that provides for direct enforcement of these
duties by the courts. That means no one can approach the court to seek
a remedy if there is a non-performance of these duties by someone else.

However, the Parliament can enforce these duties indirectly by making

suitable legislation. Nothing stops the Parliament from making a law that
prohibits any act which is in violation of the duties. This is how the
Fundamental Duties can be made indirectly enforceable. Let’s look at some
examples:

 To ensure the performance of the duty given in Article 51A (g), which
is the duty to protect the environment, the Supreme Court held that it
is the duty of the government to take steps to make this provision
effective. It also issued some directions to the government:

1. To direct educational institutions throughout the country to impart

lessons in the first ten classes relating to the protection and
improvement of the environment.
2. To produce textbooks written on this topic and distribute them for free.
3. To introduce short-term courses to train teachers.
4. All government employees and authorities are to introduce cleanliness
weeks and take measures to keep their surroundings clean.

 Prevention of Insults to National Honour Act, 1971 – This Act prohibits

the destruction or insult of National Symbols, which include the
National Flag, National Emblem, National Anthem, the Constitution, and
the map of India. It includes punishment with imprisonment which may
extend to three years or a fine or both, for the disruption of the
National Anthem.
 Protection of Civil Rights Act, 1955 – An Act to prescribe punishment
for the preaching and practice of untouchability.
 Environment (Protection) Act, 1986 – This Act allows the government
to protect and improve the environment and also restricts anyone from
operating or setting up industries on environmental grounds.
 Forest (Conservation) Act, 1980 – This Act of the Parliament of India
provides for the conservation of forests and matters connected
therewith or ancillary or incidental thereto.

Can one be punished if they do not perform

their Fundamental Duties
Fundamental duties by their nature are not enforceable or justiciable, i.e., no
person can be held liable for non-performance of fundamental duties. The
Swaran Singh Committee had proposed penal actions for non-performance of
these duties, but these were rejected later. The reason is that the majority of
the Indian population was illiterate at that time, and the language used to
define the duties makes it tougher for someone with limited knowledge to
grasp the message. In such a scenario, making these duties justiciable would
have led to a lot of commotion as every other person would have violated
these duties unknowingly. As we have seen in the above section, no one can
be punished if they do not perform their fundamental duties. But one can be
punished if they perform a prohibited act that violates the fundamental
duties. Hence, there is no punishment for non-performance, but there
is punishment for acts that violate fundamental duties.

Difference between Fundamental Rights

and Fundamental Duties

Basis Fundamental Rights Fundamental Duties

Basic human rights are available to every Moral obligation of the citizens towards
Definition citizen, irrespective of race, place of birth, the country to protect the sovereignty,
religion, caste, creed, or gender. unity, and integrity of the country.

Part of
Present in Part III of the Constitution. Present in Part IV A of the Constitution.
Constitution

The concept of Fundamental Rights is

Borrowed from borrowed from the United States of The Concept is borrowed from the USSR.
America.

Is Available to citizens only while some of

Availability Available to and binding on citizens only.
them are available to foreigners too.

Nature Political and Social in nature. Political, Social, and economic in nature.

Justiciability Justiciable Non-Justiciable

Articles 12 to 35 deal with Fundamental Article 51A deals with Fundamental

Articles
Rights. Duties.

No provision for direct enforcement by

Enforceability They are directly enforceable. the courts. Parliament can enforce them
through suitable legislation.
Conclusion
Both Fundamental Rights and Fundamental Duties are important as they
complement each other. There can be no demand for rights if the duties
bestowed are neglected. Even though only Fundamental Rights are
enforceable and justiciable, Fundamental Duties are equally important. By
performing moral obligations, we make efforts to create a better society, as
was envisioned by the Constitution makers. These duties were not made
justiciable because not everyone would grasp this concept and understand
what these terms mean. India having its majority population uneducated
played a huge role in this decision. But people like us who are capable of
understanding these should follow and promote these ideas for the
betterment of this country.

Frequently Asked Questions (FAQs)

Are Fundamental Rights absolute or qualified?
Fundamental Rights are qualified but not absolute. This is because the State
has the power to impose reasonable restrictions on these rights. For
example, freedom of speech and expression is not absolute. The State can
hold a person liable if his speech damages the reputation of another.

What is the difference between Fundamental Rights and

Duties?
Fundamental Rights are basic human rights given to citizens of a country.
They are justiciable. Fundamental Duties are moral obligations of the citizens
towards the country. These duties are not justiciable.

What is the relationship between Fundamental Rights and

Fundamental Duties?
The relationship between Fundamental Rights and Duties is that for every
right there is a corresponding duty. One’s rights are another’s duty. If people
don’t perform their duties, the rights of others would be affected